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 128 – Transition.
Effective 5/9/2017 78B-21-128. Transition. This chapter does not apply to a receivership for which the receiver was appointed before May 9, 2017. Enacted by Chapter 431, 2017 General Session
Section 129 – Finality of orders.
Effective 5/9/2017 78B-21-129. Finality of orders. A court order that is entered pursuant to this chapter and that resolves a discrete factual dispute or legal issue is a final appealable order within the meaning of Utah Rules of Civil Procedure, Rule 54(a), unless expressly stated otherwise in the court order. Enacted by Chapter 431, 2017 […]
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 […]
Section 201.5 – Affidavit of indigency.
Effective 11/16/2021 78B-22-201.5. Affidavit of indigency. (1) Except as provided in Subsection (5), on or after January 1, 2022, an individual, who is seeking appointment of an indigent defense service provider, shall submit an affidavit of indigency described in Subsection (2) to the court. (2) An affidavit of indigency shall include the following information: (a) […]
Section 202 – Determining indigency.
Effective 11/16/2021 78B-22-202. Determining indigency. (1) A court shall find an individual indigent if the individual: (a) has an income level at or below 150% of the United States poverty level as defined by the most recent poverty income guidelines published by the United States Department of Health and Human Services; or (b) has insufficient […]
Section 203 – Order for indigent defense services.
Effective 5/4/2022 78B-22-203. Order for indigent defense services. (1) (a) A court shall appoint an indigent defense service provider who is employed by an indigent defense system or who has a contract with an indigent defense system to provide indigent defense services for an individual over whom the court has jurisdiction if: (i) the individual […]