Section 501 - Indigent Defense Funds Board - Members - Administrative support. - US Lawyer Database

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) two members who are current commissioners or county executives of participating counties appointed by the board of directors of the Utah Association of Counties;
- (b) one member at large appointed by the board of directors of the Utah Association of Counties;
- (c) two members who are current county attorneys of participating counties appointed by the Utah Prosecution Council;
- (d) the director of the Division of Finance or the director’s designee;
- (e) one member appointed by the Administrative Office of the Courts; and
- (f) two members who are private attorneys engaged in or familiar with the criminal defense practice appointed by the members of the board listed in Subsections (3)(a) through (e).

(4) Members appointed under Subsection (3)(a), (b), (c), or (f) shall serve four-year terms.

(5) A vacancy is created if a member appointed under:
- (a) Subsection (3)(a) no longer serves as a county commissioner or county executive; or
- (b) Subsection (3)(c) no longer serves as a county attorney.

(6) If a vacancy occurs in the membership for any reason, a replacement shall be appointed for the remaining unexpired term in the same manner as the original appointment.

(7) The Division of Finance may provide administrative support and may seek payment for the costs or the board may contract for administrative support to be paid from the fund.

(8) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
- (a) Section 63A-3-106;
- (b) Section 63A-3-107; and
- (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(9) The fund shall pay per diem and expenses for board members.

(10) Five members shall constitute a quorum and, if a quorum is present, the action of a majority of the members present shall constitute the action of the board.

Amended by Chapter 451, 2022 General Session