Utah Code 78B-22-201.5. Affidavit of indigency
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(1) Except as provided in Subsection (5), on or after January 1, 2022, an individual, who is seeking appointment of an indigent defense service provider, shall submit an affidavit of indigency described in Subsection (2) to the court.
Terms Used In Utah Code 78B-22-201.5
- 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.
- 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- 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.
- 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
(2) An affidavit of indigency shall include the following information:(2)(a) the individual’s identifying information, including:(2)(a)(i) the individual’s legal name and any known aliases;(2)(a)(ii) the individual’s mobile or residential phone number;(2)(a)(iii) the individual’s residential address; and(2)(a)(iv) the individual’s date of birth; and(2)(b) the individual’s financial information, including:(2)(b)(i) any financial support or benefit that the individual receives from a state or federal government;(2)(b)(ii) the individual’s monthly income, including any alimony or child support that contributes to the individual’s monthly income;(2)(b)(iii) the individual’s monthly expenses, including any alimony or child support obligation that the individual is responsible for paying;(2)(b)(iv) the individual’s ownership of, or any interest in, personal or real property, including any savings or checking accounts or cash;(2)(b)(v) the number, ages, and relationships of any dependents; and(2)(b)(vi) any extraordinary financial conditions that would prevent the individual from retaining private counsel.(3) The affidavit of indigency shall:(3)(a) require the signature of the individual; and(3)(b) include a statement that:(3)(b)(i) by signing the affidavit the individual confirms that, to the best of the individual’s knowledge, the information in the affidavit is true;(3)(b)(ii) the individual may be subject to a criminal penalty for a written false statement under Section 76-8-504;(3)(b)(iii) the individual authorizes an indigent defense system to contact or request information from the individual or a third party to verify whether an individual is indigent; and(3)(b)(iv) the individual may be ordered to pay the cost of the individual’s indigent defense services if a court determines that the individual is not indigent.(4) The Judicial Council or Supreme Court shall adopt an affidavit of indigency form described in Subsection (2) to be distributed to an individual seeking the appointment of an indigent defense service provider.(5) This section does not apply to a minor, who is appointed an indigent defense service provider, or the minor’s parent or legal guardian. - Indigent defense services: means :