(1) The division shall:

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Terms Used In Utah Code 78B-22-903

  • 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
  • Commission: means the Utah Indigent Defense Commission created in Section 78B-22-401. See Utah Code 78B-22-102
  • Division: means the Indigent Appellate Defense Division created in Section 78B-22-902. See Utah Code 78B-22-901
  • 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
  • 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
  • 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
     (1)(a) provide appellate defense services:

          (1)(a)(i) for an appeal under Section 77-18a-1, in counties of the third, fourth, fifth, and sixth class;
          (1)(a)(ii) for an action or an appeal for postconviction relief under Chapter 9, Postconviction Remedies Act, if the court appoints the division to represent the indigent individual; and
          (1)(a)(iii) for 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; and
     (1)(b) provide appellate defense services in accordance with the core principles adopted by the commission under Section 78B-22-404 and any other state and federal standards for appellate defense services.
(2) Upon consultation with the executive director and the commission, the division shall:

     (2)(a) adopt a budget for the division;
     (2)(b) adopt and publish on the commission’s website:

          (2)(b)(i) appellate performance standards;
          (2)(b)(ii) case weighting standards; and
          (2)(b)(iii) any other relevant measures or information to assist with appellate defense services; and
     (2)(c) if requested by the commission, provide a report to the commission on:

          (2)(c)(i) the provision of appellate defense services by the division;
          (2)(c)(ii) the caseloads of appellate attorneys; and
          (2)(c)(iii) any other information relevant to appellate defense services in the state.
(3) If the division provides appellate defense services to an indigent individual in an indigent defense system, the division shall provide notice to the district court and the indigent defense system that the division intends to be appointed as counsel for the indigent individual.
(4) The office shall assist with providing training and continual legal education on appellate defense to indigent defense service providers in counties of the third, fourth, fifth, and sixth class.

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