Utah Code 78B-22-404. Powers and duties of the commission
Current as of: 2024 | Check for updates
|
Other versions
(1) The commission shall:
Terms Used In Utah Code 78B-22-404
- 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.
- 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 Section78A-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 Subsection78B-22-201 (1) who is found indigent pursuant to Section78B-22-202 . See Utah Code 78B-22-102- Office: means the Office of Indigent Defense Services created in Section
78B-22-451 . See Utah Code 78B-22-102- 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
- 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(1)(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:(1)(a)(i) an indigent defense system shall ensure that in providing indigent defense services:(1)(a)(i)(A) an indigent individual receives conflict-free indigent defense services; and(1)(a)(i)(B) there is a separate contract for each type of indigent defense service; and(1)(a)(ii) an indigent defense system shall ensure an indigent defense service provider has:(1)(a)(ii)(A) the ability to exercise independent judgment without fear of retaliation and is free to represent an indigent individual based on the indigent defense service provider’s own independent judgment;(1)(a)(ii)(B) adequate access to indigent defense resources;(1)(a)(ii)(C) the ability to provide representation to accused individuals in criminal cases at the critical stages of proceedings, and at all stages to indigent individuals in juvenile delinquency and child welfare proceedings;(1)(a)(ii)(D) a workload that allows for sufficient time to meet with clients, investigate cases, file appropriate documents with the courts, and otherwise provide effective assistance of counsel to each client;(1)(a)(ii)(E) adequate compensation without financial disincentives;(1)(a)(ii)(F) appropriate experience or training in the area for which the indigent defense service provider is representing indigent individuals;(1)(a)(ii)(G) compensation for legal training and education in the areas of the law relevant to the types of cases for which the indigent defense service provider is representing indigent individuals; and(1)(a)(ii)(H) the ability to meet the obligations of the Utah Rules of Professional Conduct, including expectations on client communications and managing conflicts of interest;(1)(b) encourage and aid indigent defense systems in the state in the regionalization of indigent defense services to provide for effective and efficient representation to the indigent individuals;(1)(c) emphasize the importance of ensuring constitutionally effective indigent defense services;(1)(d) encourage members of the judiciary to provide input regarding the delivery of indigent defense services;(1)(e) oversee individuals and entities involved in providing indigent defense services; and(1)(f) manage county participation in the Indigent Aggravated Murder Defense Fund created in Section78B-22-701 .(2) The commission may:(2)(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the commission’s duties under this part;(2)(b) assign duties related to indigent defense services to the office to assist the commission with the commission’s statutory duties;(2)(c) request supplemental appropriations from the Legislature to address a deficit in the Indigent Inmate Fund created in Section78B-22-455 ; and(2)(d) request supplemental appropriations from the Legislature to address a deficit in the Child Welfare Parental Representation Fund created in Section78B-22-804 . - Indigent defense services: means :