Section 453 – Executive director — Qualifications — Staff.
Effective 5/5/2021 78B-22-453. Executive director — Qualifications — Staff. (1) The commission: (a) shall appoint the executive director, by a majority vote of the commission, to carry out the duties of the office described in Section 78B-22-452; and (b) may remove the executive director by majority vote of the commission. (2) The executive director shall […]
Section 454 – Defense of indigent inmates.
Effective 5/4/2022 78B-22-454. Defense of indigent inmates. (1) The office shall pay for indigent defense services for indigent inmates from the Indigent Inmate Fund created in Section 78B-22-455. (2) A contract under this part shall ensure that indigent defense services are provided in a manner consistent with the core principles described in Section 78B-22-404. (3) […]
Section 455 – Indigent Inmate Fund.
Effective 5/4/2022 78B-22-455. Indigent Inmate Fund. (1) There is created a custodial fund known as the “Indigent Inmate Fund” to be disbursed by the office in accordance with contracts entered into under Subsection 78B-22-452(1)(g). (2) Money deposited into this fund shall only be used: (a) to pay indigent defense services for an indigent inmate who: […]
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 302 – Compensation for indigent defense services.
Effective 5/14/2019 78B-22-302. Compensation for indigent defense services. An indigent defense system shall fund indigent defense services ordered by a court in accordance with Section 78B-22-203. Enacted by Chapter 326, 2019 General Session
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: […]