Idaho Code
Idaho Code

Idaho Code § 19-4904 (2026)

Inability to pay costs. 

✓ current as of May 2026
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Inability to pay costs. 

If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing, witness fees and expenses, and legal services, these costs and expenses, and a court-appointed attorney may be made available to the applicant in the preparation of the application, in the trial court, and on appeal, and paid, on order of the district court, by the county in which the application is filed.

Notes of Decisions
Cited in 127 cases (11 in the last 5 years), 1980–2026 · leading case: Murphy v. State, 139 P.3d 741 (Idaho Ct. App. 2006).
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Murphy v. State, 139 P.3d 741 (Idaho Ct. App. 2006). · cites it 12× “In order to make the required showing of prejudice, Murphy requested funding pursuant to I.C. § 19-4904 to retain an independent forensic pathologist to review the autopsy reports, gunshot residue report, and Dr.”
Follinus v. State, 908 P.2d 590 (Idaho Ct. App. 1995). · cites it 20× “Follinus claims that he has a right to competent counsel pursuant to Idaho Code Section 19-4904. Idaho appellate courts have found that Idaho Code Section 19-4904 created a statutory right to counsel in post-conviction proceedings prior to its amendment in 1993.”
Gonzales v. State, 254 P.3d 69 (Idaho Ct. App. 2011). · cites it 8× “The district court denied Gonzales's request, concluding that Gonzales's claims of ineffective assistance of counsel were frivolous and that Gonzales had failed to set forth any facts showing the possibility of a valid claim in his application, his response to the district…”
Woodrow Grant v. State, 329 P.3d 380 (Idaho Ct. App. 2014). · cites it 12× “Discretionary Appointment of Post-Conviction Counsel Grant also argues the district court erred in refusing to appoint post-conviction counsel because he met the requirement of demonstrating a potentially valid claim under I.C. § 19-4904. The state argues Grant failed to raise…”
Alisha Ann Murphy v. State, 327 P.3d 365 (Idaho 2014). · cites it 8× “Murphy’s successive post-conviction petition asserted that her post-conviction counsel was ineffective for a number of reasons and sought the appointment of counsel to pursue her petition’s claims.”
Brown v. State, 23 P.3d 138 (Idaho 2001). · cites it 12× “It issued a decision holding that the appointment of counsel in post-conviction proceedings is governed by two statutes, Idaho Code §§ 19-4904 and 19-852; that when those two statutes are read together, counsel must be appointed unless all the claims alleged in the petition for…”
Charboneau v. State, 102 P.3d 1108 (Idaho 2004). · cites it 4× “A request for appointment of counsel in a post conviction proceeding is governed by Idaho Code § 19-4904 , which provides that in proceedings under the UPCPA, a court-appointed attorney "may be made available" to an applicant who is unable to pay the costs of representation The…”
Newman v. State, 95 P.3d 642 (Idaho Ct. App. 2004). · cites it 6× “I.C. § 19-4904. In Brown v. State, 135 Idaho 676 , 23 P.”
Phillips v. State, 700 P.2d 27 (Idaho 1985). · cites it 10× “First, the trial court determined that Phillips did not comply with I.C. § 19-4904 which requires a showing of indigency before the court will provide counsel and assistance.”
Banks v. State, 920 P.2d 905 (Idaho 1996). · cites it 12× “I.C. § 19-4904 (Supp.1995) (emphasis added).”
Swader v. State, 152 P.3d 12 (Idaho 2007). · cites it 6× “§ 19-853, was amended to make clear that appointment of counsel at public expense in post-conviction cases shall be in accordance with I.C. § 19-4904. Thus, I.C. § 19-852 no longer applies in post-conviction cases and appointment of counsel in those cases is governed only by I.”
Quinlan v. Idaho Comm'n for Pardons & Parole, 69 P.3d 146 (Idaho 2003). · cites it 6× “In Brown , a post-conviction case, this Court found the appointment of counsel in post-conviction cases to be governed by both I.C. §§ 19-4904 and 19-852. After Brown , I.”
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