(1) As used in this part, “fund” means the Indigent Aggravated Murder Defense Fund.

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Terms Used In Utah Code 78B-22-701

  • Commission: means the Utah Indigent Defense Commission created in Section 78B-22-401. See Utah Code 78B-22-102
  • fund: means the Indigent Aggravated Murder Defense Fund. See Utah Code 78B-22-701
  • 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
  • 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
(2)

     (2)(a) There is established a custodial fund known as the “Indigent Aggravated Murder Defense Fund.”
     (2)(b) The office shall disburse money from the fund at the direction of the commission and subject to this chapter.
(3) The fund consists of:

     (3)(a) money received from participating counties as provided in Sections 78B-22-702 and 78B-22-703;
     (3)(b) appropriations made to the fund by the Legislature as provided in Section 78B-22-703; and
     (3)(c) interest and earnings from the investment of fund money.
(4) The state treasurer shall invest fund money with the earnings and interest accruing to the fund.
(5) The fund shall be used to fulfill the constitutional and statutory mandates for the provision of constitutionally effective defense for indigent individuals prosecuted for the violation of state laws in cases involving aggravated murder.
(6) Money allocated to or deposited into the fund is used only:

     (6)(a) to pay an indigent defense service provider appointed to represent an individual prosecuted for aggravated murder;
     (6)(b) for defense resources necessary to effectively represent the individual; and
     (6)(c) for costs associated with the management of the fund and defense service providers.