Section 904 – Chief appellate officer — Qualifications — Staff — Duties.

• (1)
  • (a) After consulting with the commission, the executive director shall appoint a chief appellate officer.
  • (b) When appointing the chief appellate officer, the executive director shall give preference to an individual with experience in adult criminal appellate defense representation.

• (2) The chief appellate officer shall be an active member of the Utah State Bar with an appropriate background and experience to serve as the chief appellate officer.

• (3) The chief appellate officer shall carry out the duties of the division described in Section 78B-22-903.

• (4) The chief appellate officer shall:
  • (a) provide appellate defense services in a county of the third, fourth, fifth, or sixth class;
  • (b) hire staff as necessary to carry out the duties of the division described in Section 78B-22-903; and
  • (c) perform all other duties that are necessary for the division to carry out the division’s statutory duties.

• (5) The chief appellate officer may provide appellate defense services in an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, if the court appoints the division to represent the indigent individual.

Amended by Chapter 295, 2022 General Session