Section 303 – Pro bono provision of indigent defense services — Liability limits.
Effective 5/14/2019 78B-22-303. Pro bono provision of indigent defense services — Liability limits. A defense attorney is immune from suit if the defense attorney provides indigent defense services to an indigent individual: (1) at no cost; and (2) without gross negligence or willful misconduct. Enacted by Chapter 326, 2019 General Session
Section 304 – Reimbursement for indigent defense services.
Effective 5/14/2019 78B-22-304. Reimbursement for indigent defense services. A court may order a parent or legal guardian of a minor who is appointed indigent defense services under this chapter to reimburse the cost of the minor’s indigent defense services, as determined by the court, unless the court finds the parent or legal guardian indigent under […]
Section 401 – Utah Indigent Defense Commission — Creation — Purpose.
Effective 5/12/2020 78B-22-401. Utah Indigent Defense Commission — Creation — Purpose. (1) There is created the Utah Indigent Defense Commission within the State Commission on Criminal and Juvenile Justice. (2) The purpose of the commission is to assist: (a) the state in meeting the state’s obligations for the provision of indigent defense services, consistent with […]
Section 402 – Commission members — Member qualifications — Terms — Vacancy.
Effective 5/5/2021 78B-22-402. Commission members — Member qualifications — Terms — Vacancy. (1) (a) The commission is composed of 15 members. (b) The governor, with the advice and consent of the Senate, and in accordance with Title 63G, Chapter 24, Part 2, Vacancies, shall appoint the following 11 members: (i) two practicing criminal defense attorneys […]
Section 404 – Powers and duties of the commission.
Effective 5/4/2022 78B-22-404. Powers and duties of the commission. (1) The commission shall: (a) adopt core principles for an indigent defense system to ensure the effective representation of indigent individuals consistent with the requirements of the United States Constitution, the Utah Constitution, and the Utah Code, which principles at a minimum shall address the following: […]
Section 405 – Indigent Defense Resources Restricted Account — Administration.
Effective 5/12/2020 78B-22-405. Indigent Defense Resources Restricted Account — Administration. (1) (a) There is created within the General Fund a restricted account known as the “Indigent Defense Resources Restricted Account.” (b) Appropriations from the account are nonlapsing. (2) The account consists of: (a) money appropriated by the Legislature based upon recommendations from the commission consistent […]
Section 406 – Indigent defense services grant program.
Effective 5/4/2022 78B-22-406. Indigent defense services grant program. (1) The commission may award grants: (a) to supplement local spending by an indigent defense system for indigent defense services; and (b) for contracts to provide indigent defense services for appeals from juvenile court proceedings in a county of the third, fourth, fifth, or sixth class. (2) […]
Section 407 – Cooperation and participation with the commission.
Effective 5/14/2019 78B-22-407. Cooperation and participation with the commission. Indigent defense systems and indigent defense service providers shall cooperate and participate with the commission in the collection of data, investigation, audit, and review of indigent defense services. Renumbered and Amended by Chapter 326, 2019 General Session
Section 451 – Office of Indigent Defense Services — Creation.
Effective 5/5/2021 78B-22-451. Office of Indigent Defense Services — Creation. There is created under the commission the Office of Indigent Defense Services. Amended by Chapter 235, 2021 General Session
Section 201 – Right to counsel.
Effective 5/4/2022 78B-22-201. Right to counsel. (1) A court shall advise the following of the individual’s right to counsel no later than the individual’s first court appearance: (a) an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless of whether actually imposed; (b) a parent or legal guardian […]