H.B. 156

1

COUNSEL FOR INDIGENT DEFENDANTS IN
2 JUVENILE COURT
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Thomas Hatch
6 AN ACT RELATING TO JUVENILE COURTS; REQUIRING THAT PERSONS FOR WHOM
7 COUNSEL IS APPOINTED IN JUVENILE COURT BE INDIGENT.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 78-3a-513, as enacted by Chapter 1, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-3a-513 is amended to read:
13 78-3a-513. Right to counsel -- Appointment of counsel for indigent -- Cost -- Court
14 hearing to determine compelling reason to appoint a noncontracting attorney -- Rate of pay.
15 (1) (a) The parents, guardian, custodian, and the minor, if competent, shall be informed
16 that they have the right to be represented by counsel at every stage of the proceedings. They have
17 the right to employ counsel of their own choice and if any of them requests an attorney and is
18 found by the court to be indigent, counsel shall be appointed by the court as provided in
19 Subsection (3). The court may appoint counsel without a request if it considers representation by
20 counsel necessary to protect the interest of the minor or of other parties.
21 (b) The cost of appointed counsel for an indigent minor or other indigent party, including
22 the cost of counsel and expense of appeal, shall be paid by the county in which the hearing is held.
23 Counties may levy and collect taxes for these purposes.
24 (2) If the county responsible to provide legal counsel for an indigent under Subsection
25 (1)(b) has arranged by contract to provide services, the court if it has received notice or a copy of
26 such contract shall appoint the contracting attorney as legal counsel to represent that indigent.
27 (3) The court shall select and appoint the attorney or attorneys if:

1 (a) the contract for indigent legal services is with multiple attorneys; or
2 (b) the contract is with an additional attorney or attorneys in the event of a conflict of
3 interest.
4 (4) If the court considers the appointment of a noncontracting attorney to provide legal
5 services to an indigent despite the existence of an indigent legal services contract and the court has
6 a copy or notice of such contract, before the court may make the appointment, it shall:
7 (a) set the matter for a hearing;
8 (b) give proper notice to the county attorney of the responsible county of the hearing; and
9 (c) make findings that there is a compelling reason to appoint a noncontracting attorney
10 before it may make such appointment.
11 (5) The indigent's mere preference for other counsel shall not be considered a compelling
12 reason justifying the appointment of a noncontracting attorney.
13 (6) The court may order a minor, parent, guardian, or custodian for whom counsel is
14 appointed and the parents or guardian of any minor for whom counsel is appointed to reimburse
15 the county for the cost of appointed counsel.
16 (7) If the minor and other parties were not represented by counsel, the court shall inform
17 them at the conclusion of the proceedings that they have the right to appeal.




Legislative Review Note
as of 10-16-96 3:33 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Judiciary Interim Committee recommended this bill.

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