H.B. 317 Enrolled

JUVENILE COURT ACT AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Thomas V. Hatch
AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR COSTS OF APPOINTED
COUNSEL FOR INDIGENTS TO BE PAID BY THE STATE IN CASES INITIATED BY THE
ATTORNEY GENERAL; EXEMPTING THE STATE AND COUNTIES FROM INDIGENT
COUNSEL COSTS IN PRIVATE ACTIONS; AND REQUIRING COURTS TO TAKE INTO
ACCOUNT THE INCOME AND FINANCIAL ABILITY OF THE PARENTS OF MINORS IN
DETERMINING IF A MINOR IS INDIGENT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-3a-913, as last amended by Chapter 6 and renumbered and amended by Chapter 365,
Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-3a-913 is amended to read:
78-3a-913. Right to counsel -- Appointment of counsel for indigent -- Cost -- Court
hearing to determine compelling reason to appoint a noncontracting attorney -- Rate of pay.
(1) (a) The parents, guardian, custodian, and the minor, if competent, shall be informed
that they have the right to be represented by counsel at every stage of the proceedings. They have
the right to employ counsel of their own choice and if any of them requests an attorney and is
found by the court to be indigent, counsel shall be appointed by the court as provided in Subsection
(3). The court may appoint counsel without a request if it considers representation by counsel
necessary to protect the interest of the minor or of other parties.
(b) The cost of appointed counsel for an indigent minor or other indigent party, including
the cost of counsel and expense of appeal, shall be paid by the county in which the hearing is held.
Counties may levy and collect taxes for these purposes.
(c) The court shall take into account the income and financial ability to retain counsel of
the parents or guardian of a minor in determining the indigency of the minor.

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

- 2 -