A defense attorney is immune from suit if the defense attorney provides indigent defense services to an indigent individual:

(1) at no cost; and

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Terms Used In Utah Code 78B-22-303

  • Defense attorney: Represent defendants in criminal matters.
  • 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 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
(2) without gross negligence or willful misconduct.