Utah Code 78B-22-904. Chief appellate officer — Qualifications — Staff — Duties
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Terms Used In Utah Code 78B-22-904
- 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 Section78B-22-453 . 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- 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) After consulting with the commission, the executive director shall appoint a chief appellate officer.(1)(b) When appointing the chief appellate officer, the executive director shall give preference to an individual with experience in adult criminal appellate defense representation.(2) The chief appellate officer shall be an active member of the Utah State Bar with an appropriate background and experience to serve as the chief appellate officer.(3) The chief appellate officer shall carry out the duties of the division described in Section 78B-22-903.(4) The chief appellate officer shall:(4)(a) provide appellate defense services in a county of the third, fourth, fifth, or sixth class;(4)(b) hire staff as necessary to carry out the duties of the division described in Section 78B-22-903; and(4)(c) perform all other duties that are necessary for the division to carry out the division’s statutory duties.(5) The chief appellate officer may provide appellate defense services in an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, if the court appoints the division to represent the indigent individual. - Commission: means the Utah Indigent Defense Commission created in Section