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 […]
Section 452 – Duties of the office.
Effective 5/5/2021 78B-22-452. Duties of the office. (1) The office shall: (a) establish an annual budget for the office for the Indigent Defense Resources Restricted Account created in Section 78B-22-405; (b) assist the commission in performing the commission’s statutory duties described in this chapter; (c) identify and collect data that is necessary for the commission […]
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 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: […]