§ 78B-22-201 Right to counsel
§ 78B-22-201.5 Affidavit of indigency
§ 78B-22-202 Determining indigency
§ 78B-22-203 Order for indigent defense services
§ 78B-22-204 Waiver by a minor

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Terms Used In Utah Code > Title 78B > Chapter 22 > Part 2 - Appointment of Counsel

  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • 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
  • 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
  • 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
  • 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
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5