Effective 5/7/2025
Renumbered 7/1/2026
78B-22-404 Powers and duties of the commission.
(1)The commission shall:
(a)adopt core principles for an indigent defense system to ensure the effective representation of indigent individuals consistent with the requirements of the United States Constitution, the Utah Constitution, and the Utah Code, which principles at a minimum shall address the following:
(i)an indigent defense system shall ensure that in providing indigent defense services:
(A)an indigent individual receives conflict-free indigent defense services; and
(B)there is a separate contract for each type of indigent defense service; and
(ii)an indigent defense system shall ensure an indigent defense service provider has:
(A)the ability to exercise independent judgment without fear of retaliation and is free to represent an indigent individual based on the indigent defense service provider’s own independent judgment;
(B)adequate access to indigent defense resources;
(C)the ability to provide representation to accused individuals in criminal cases at the critical stages of proceedings, and at all stages to indigent individuals in juvenile delinquency and child welfare proceedings;
(D)a workload that allows for sufficient time to meet with clients, investigate cases, file appropriate documents with the courts, and otherwise provide effective assistance of counsel to each client;
(E)adequate compensation without financial disincentives;
(F)appropriate experience or training in the area for which the indigent defense service provider is representing indigent individuals;
(G)compensation for legal training and education in the areas of the law relevant to the types of cases for which the indigent defense service provider is representing indigent individuals; and
(H)the ability to meet the obligations of the Utah Rules of Professional Conduct, including expectations on client communications and managing conflicts of interest;
(b)encourage and aid indigent defense systems in the state in the regionalization of indigent defense services to provide for effective and efficient representation to the indigent individuals;
(c)emphasize the importance of ensuring constitutionally effective indigent defense services;
(d)encourage members of the judiciary to provide input regarding the delivery of indigent defense services;
(e)oversee individuals and entities involved in providing indigent defense services;
(f)manage county participation in the Indigent Aggravated Murder Defense Fund created in Section 78B-22-701; and
(g)develop and oversee the provision of resources for minors to access legal advice when considering a nonjudicial adjustment.
(2)The commission may:
(a)make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the commission’s duties under this part;
(b)assign duties related to indigent defense services to the office to assist the commission with the commission’s statutory duties;
(c)request supplemental appropriations from the Legislature to address a deficit in the Indigent Inmate Fund created in Section 78B-22-455; and
(d)request supplemental appropriations from the Legislature to address a deficit in the Child Welfare Parental Representation Fund created in Section 78B-22-804.

Renumbered and Amended by Chapter 291, 2026 General Session
Amended by Chapter 324, 2025 General Session