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 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) […]