Terms Used In Utah Code > Title 78B > Chapter 22 - Indigent Defense Act

• Account: means the Indigent Defense Resources Restricted Account created in Section 78B-22-405. See Utah Code 78B-22-102
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appellate defense services: means the representation of an indigent individual:
            (1)(a)(i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1;
            (1)(a)(ii) in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or
            (1)(a)(iii) in an appeal of right from an action for the termination or restoration of parental rights under Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-901
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized emergency vehicle: includes :
       (3)(a) a fire department vehicle;
       (3)(b) a police vehicle;
       (3)(c) an ambulance; and
       (3)(d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
• Child welfare case: means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Utah Indigent Defense Commission created in Section 78B-22-401. See Utah Code 78B-22-102
• Contract: A legal written agreement that becomes binding when signed.
• Contracted parental representation attorney: means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county. See Utah Code 78B-22-801
• Contributing county: means a county that complies with this part for participation in the fund described in Section 78B-22-804. See Utah Code 78B-22-801
• Conviction: A judgement of guilt against a criminal defendant.
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Crosswalk: means :
       (13)(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:

            (13)(a)(i)

                 (13)(a)(i)(A) the curbs; or

                 (13)(a)(i)(B) in the absence of curbs, from the edges of the traversable roadway; and

            (13)(a)(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
       (13)(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
• Defense attorney: Represent defendants in criminal matters.
• Divided highway: means a highway divided into two or more roadways by:
       (16)(a) an unpaved intervening space;
       (16)(b) a physical barrier; or
       (16)(c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
• Division: means the Indigent Appellate Defense Division created in Section 78B-22-902. See Utah Code 78B-22-901
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive Director: means the executive director of the Office of Indigent Defense Services, created in Section 78B-22-451, who is appointed in accordance with Section 78B-22-453. See Utah Code 78B-22-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
• Fund: means the Child Welfare Parental Representation Fund created in Section 78B-22-804. See Utah Code 78B-22-801
• fund: means the Indigent Aggravated Murder Defense Fund. See Utah Code 78B-22-701
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Indigent defense resources: means the resources necessary to provide an effective defense for an indigent individual. See Utah Code 78B-22-102
• Indigent defense service provider: means an attorney or entity appointed to represent an indigent individual through:
       (6)(a) a contract with an indigent defense system to provide indigent defense services;
       (6)(b) an order issued by the court under Subsection 78B-22-203(2)(a); or
       (6)(c) direct employment with an indigent defense system. See Utah Code 78B-22-102
• Indigent defense services: means :
       (7)(a) the representation of an indigent individual by an indigent defense service provider; and
       (7)(b) the provision of indigent defense resources for an indigent individual. See Utah Code 78B-22-102
• Indigent defense system: means :
       (8)(a) a city or town that is responsible for providing indigent defense services;
       (8)(b) a county that is responsible for providing indigent defense services in the district court, juvenile court, and the county's justice courts; or
       (8)(c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, that is responsible for providing indigent defense services according to the terms of an agreement between a county, city, or town. See Utah Code 78B-22-102
• Indigent individual: means :
       (9)(a) a minor who is:

            (9)(a)(i) arrested and admitted into detention for an offense under Section 78A-6-103;

            (9)(a)(ii) charged by petition or information in the juvenile or district court; or

            (9)(a)(iii) described in this Subsection (9)(a), who is appealing an adjudication or other final court action; and
       (9)(b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to Section 78B-22-202. See Utah Code 78B-22-102
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-22-102
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Indigent Defense Services created in Section 78B-22-451. See Utah Code 78B-22-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating county: means a county that complies with this chapter for participation in the Indigent Aggravated Murder Defense Fund as provided in Sections 78B-22-702 and 78B-22-703. See Utah Code 78B-22-102
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Pedestrian: means a person traveling:
       (53)(a) on foot; or
       (53)(b) in a wheelchair. See Utah Code 41-6a-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the Child Welfare Parental Representation Program created in Section 78B-22-802. See Utah Code 78B-22-801
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Quorum: The number of legislators that must be present to do business.
• Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
• Railroad sign or signal: means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. See Utah Code 41-6a-102
• Railroad train: means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails. See Utah Code 41-6a-102
• Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
• Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
• Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102