Section 902 – Indigent Appellate Defense Division.
Effective 5/12/2020 78B-22-902. Indigent Appellate Defense Division. There is created the Indigent Appellate Defense Division within the Office of Indigent Defense Services. Enacted by Chapter 371, 2020 General Session Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
Section 903 – Powers and duties of the division.
Effective 5/4/2022 78B-22-903. Powers and duties of the division. (1) The division shall: (a) provide appellate defense services: (i) for an appeal under Section 77-18a-1, in counties of the third, fourth, fifth, and sixth class; and (ii) for an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, if […]
Section 904 – Chief appellate officer — Qualifications — Staff — Duties.
Effective 5/4/2022 78B-22-904. Chief appellate officer — Qualifications — Staff — Duties. (1) (a) After consulting with the commission, the executive director shall appoint a chief appellate officer. (b) When appointing the chief appellate officer, the executive director shall give preference to an individual with experience in adult criminal appellate defense representation. (2) The chief […]
Section 1001 – Verification of indigency — Pilot program.
Effective 11/16/2021 78B-22-1001. Verification of indigency — Pilot program. (1) Beginning on July 1, 2022, and ending on June 30, 2025, an indigent defense system in Cache County, Davis County, Duchesne County, and San Juan County shall conduct a pilot program to verify the indigency of individuals who were provided indigent defense services by the […]
Section 501 – Indigent Defense Funds Board — Members — Administrative support.
Effective 5/4/2022 78B-22-501. Indigent Defense Funds Board — Members — Administrative support. (1) As used in this part, “fund” means the Indigent Aggravated Murder Defense Fund created in Section 78B-22-701. (2) There is created the Indigent Defense Funds Board within the Division of Finance. (3) The board is composed of the following nine members: (a) […]
Section 502 – Duties of board.
Effective 5/12/2020 78B-22-502. Duties of board. (1) The board shall: (a) establish rules and procedures for the application by a county for disbursements, and the screening and approval of the applications for money from the fund; (b) receive, screen, and approve, or disapprove the application of a county for disbursements from the fund; (c) calculate […]
Section 701 – Establishment of Indigent Aggravated Murder Defense Fund — Use of fund — Compensation for indigent legal defense from fund.
Effective 5/4/2022 78B-22-701. Establishment of Indigent Aggravated Murder Defense Fund — Use of fund — Compensation for indigent legal defense from fund. (1) For purposes of this part, “fund” means the Indigent Aggravated Murder Defense Fund. (2) (a) There is established a custodial fund known as the “Indigent Aggravated Murder Defense Fund.” (b) The Division […]
Section 702 – County participation.
Effective 5/14/2019 78B-22-702. County participation. (1) (a) A county may participate in the fund subject to the provisions of this chapter. A county that does not participate, or is not current in the county’s assessments, is ineligible to receive money from the fund. (b) The board may revoke a county’s participation in the fund if […]
Section 703 – County and state obligations.
Effective 5/14/2019 78B-22-703. County and state obligations. (1) (a) Except as provided in Subsection (1)(b), a participating county shall pay into the fund annually an amount calculated by multiplying the average of the percent of its population to the total population of all participating counties and of the percent its taxable value of the locally […]
Section 704 – Application and qualification for fund money.
Effective 5/14/2019 78B-22-704. Application and qualification for fund money. (1) A participating county may apply to the board for benefits from the fund if that county has incurred, or reasonably anticipates incurring, expenses in the defense of an indigent individual for an offense involving aggravated murder. (2) An application may not be made nor benefits […]