77-32-306. County or municipal legislative body to provide legal defense.
(1) The county or municipal legislative body shall either:
(a) contract to provide the legal defense, including counsel, defense resources, or both, as
prescribed by this chapter, and as available, through:
(i) a legal aid association; or
(ii) one or more defense associations or attorneys and qualified defense resources; or
(b) authorize the court to provide the services prescribed by this chapter by assigning a
qualified attorney in each case.
(2) A county may create a county legal defender's office to provide for the legal defense,
including counsel and defense resources or both, as prescribed by this chapter.
(3) A county legal defender's office may, through the county legislative body contract
with other counties and municipalities within a judicial district to provide the legal services as
prescribed.
(4) When a county or municipality has contracted under Subsection (1)(a) or a county has
created a legal defender's office as provided under Subsection (2) to provide the legal counsel
and defense resources required by this chapter, the contracted legal aid association or attorneys,
contracted defense resources, and the county legal defender's office are the exclusive source from
which the legal defense may be provided, unless the court finds a compelling reason for the
appointment of noncontracting attorneys and defense resources, in which case the judge shall
state the compelling reason on the record.
Amended by Chapter 49, 2006 General Session
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Last revised: Thursday, May 28, 2009