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Utah Code of Criminal Procedure | |
Indigent Defense Act | |
Section 201 | Definitions. |
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77-32-201. Definitions. For the purposes of this chapter: (1) "Board" means the Indigent Defense Funds Board created in Section 77-32-401. (2) "Compelling reason" shall include one or more of the following circumstances relating to the contracting attorney: (a) a conflict of interest; (b) the contracting attorney does not have sufficient expertise to provide an effective defense of the indigent; or (c) the defense resource is insufficient or lacks expertise to provide a complete defense. (3) "Defense resources" means a competent investigator, expert witness, or other appropriate means necessary, for an effective defense of an indigent, but does not include legal counsel. (4) "Indigent" means a person qualifying as an indigent under indigency standards established in Part 3, Counsel for Indigents. (5) "Legal aid association" means a nonprofit defense association that provides counsel and defense resources for indigent defendants. (6) "Legal defender's office" means a department of county government created and authorized by the county legislative body to provide legal representation in criminal matters to indigent defendants. (7) "Legal defense" means legal counsel, defense resources, or both. (8) "Participating county" means a county which has complied with the provisions of this chapter for participation in the Indigent Capital Defense Trust Fund as provided in Sections 77-32-602 and 77-32-603 or the Indigent Felony Defense Trust Fund as provided in Sections 77-32-702 and 77-32-703. (9) "Serious offense" means a felony or capital felony.
Amended by Chapter 108, 2011 General Session |
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