Senator Ralph Okerlund proposes the following substitute bill:


1     
AMENDMENTS TO INDIGENT DEFENSE

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ralph Okerlund

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill addresses indigent defense services.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates and modifies definitions;
13          ▸     amends the right to counsel for certain parties;
14          ▸     amends the powers, duties, and membership of the Utah Indigent Defense
15     Commission;
16          ▸     creates the Office of Indigent Defense Services;
17          ▸     creates the powers and duties of the Office of Indigent Defense Services;
18          ▸     amends provisions related to indigent defense grants;
19          ▸     creates the Indigent Appellate Defense Division to serve rural counties;
20          ▸     provides the powers and duties of the Indigent Appellate Defense Division;
21          ▸     creates the position of chief appellate officer within the Indigent Appellate Defense
22     Division; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          78A-6-1111, as last amended by Laws of Utah 2019, Chapter 326
31          78B-6-112, as last amended by Laws of Utah 2019, Chapters 136, 326, and 491
32          78B-22-102, as enacted by Laws of Utah 2019, Chapter 326
33          78B-22-201, as enacted by Laws of Utah 2019, Chapter 326
34          78B-22-301, as enacted by Laws of Utah 2019, Chapter 326
35          78B-22-401, as renumbered and amended by Laws of Utah 2019, Chapter 326
36          78B-22-402, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
37     amended by Laws of Utah 2019, Chapter 326
38          78B-22-404, as renumbered and amended by Laws of Utah 2019, Chapter 326
39          78B-22-406, as renumbered and amended by Laws of Utah 2019, Chapter 326
40          78B-22-601, as renumbered and amended by Laws of Utah 2019, Chapter 326
41     ENACTS:
42          78B-22-451, Utah Code Annotated 1953
43          78B-22-452, Utah Code Annotated 1953
44          78B-22-801, Utah Code Annotated 1953
45          78B-22-802, Utah Code Annotated 1953
46          78B-22-803, Utah Code Annotated 1953
47          78B-22-804, Utah Code Annotated 1953
48     RENUMBERS AND AMENDS:
49          78B-22-453, (Renumbered from 78B-22-403, as renumbered and amended by Laws of
50     Utah 2019, Chapter 326)
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 78A-6-1111 is amended to read:
54          78A-6-1111. Order for indigent defense service or guardian ad litem.
55          [(1) A court shall order indigent defense services for a minor, parent, or legal guardian
56     as provided by Title 78B, Chapter 22, Indigent Defense Act.]
57          (1) A court shall order indigent defense services in accordance with Title 78B, Chapter
58     22, Indigent Defense Act, for a minor, parent, or legal guardian facing an action filed by a
59     private party or the state under this title.
60          (2) (a) In any action under Part 3, Abuse, Neglect, and Dependency Proceedings, or
61     Part 5, Termination of Parental Rights Act, the child shall be represented by a guardian ad
62     litem in accordance with Sections 78A-6-317 and 78A-6-902.
63          (b) The child shall [also] be represented by an attorney guardian ad litem in other
64     actions initiated under this chapter when appointed by the court under Section 78A-6-902 or as
65     otherwise provided by law.
66          Section 2. Section 78B-6-112 is amended to read:
67          78B-6-112. District court jurisdiction over termination of parental rights
68     proceedings.
69          (1) A district court has jurisdiction to terminate parental rights in a child if the party
70     [who] that filed the petition is seeking to terminate parental rights in the child for the purpose
71     of facilitating the adoption of the child.
72          (2) A petition to terminate parental rights under this section may be:
73          (a) joined with a proceeding on an adoption petition; or
74          (b) filed as a separate proceeding before or after a petition to adopt the child is filed.
75          (3) A court may enter a final order terminating parental rights before a final decree of
76     adoption is entered.
77          (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
78     proceedings to terminate parental rights as described in Section 78A-6-103.
79          (b) This section does not grant jurisdiction to a district court to terminate parental
80     rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
81     neglect, dependency, or termination of parental rights proceeding.
82          (5) The district court may terminate an individual's parental rights in a child if:
83          (a) the individual executes a voluntary consent to adoption, or relinquishment for
84     adoption, of the child, in accordance with:
85          (i) the requirements of this chapter; or
86          (ii) the laws of another state or country, if the consent is valid and irrevocable;
87          (b) the individual is an unmarried biological father who is not entitled to consent to
88     adoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121;
89          (c) the individual:
90          (i) received notice of the adoption proceeding relating to the child under Section
91     78B-6-110; and
92          (ii) failed to file a motion for relief, under Subsection 78B-6-110(6), within 30 days
93     after the day on which the individual was served with notice of the adoption proceeding;
94          (d) the court finds, under Section 78B-15-607, that the individual is not a parent of the
95     child; or
96          (e) the individual's parental rights are terminated on grounds described in Title 78A,
97     Chapter 6, Part 5, Termination of Parental Rights Act, [if terminating the individual's parental
98     rights is] and termination is in the best interests of the child.
99          (6) The court shall appoint an indigent defense service provider[, under] in accordance
100     with Title 78B, Chapter 22, Indigent Defense Act, to represent [a party] an individual who
101     faces any action initiated by a private party under Title 78A, Chapter 6, Part 5, Termination of
102     Parental Rights Act, or whose parental rights are subject to termination under this section.
103          (7) If a county incurs expenses in providing indigent defense services to an indigent
104     individual facing any action initiated by a private party under Title 78A, Chapter 6, Part 5,
105     Termination of Parental Rights Act, or termination of parental rights under this section, the
106     county may apply for reimbursement from the Utah Indigent Defense Commission [under] in
107     accordance with Section 78B-22-406.
108          (8) A petition filed under this section is subject to the procedural requirements of this
109     chapter.
110          Section 3. Section 78B-22-102 is amended to read:
111          78B-22-102. Definitions.
112          As used in this chapter:
113          (1) "Account" means the Indigent Defense Resources Restricted Account created in
114     Section 78B-22-405.
115          (2) "Board" means the Indigent Defense Funds Board created in Section 78B-22-501.
116          (3) "Commission" means the Utah Indigent Defense Commission created in Section
117     78B-22-401.
118          (4) "Director" means the director of the Office of Indigent Defense Services, created in
119     Section 78B-22-451, who is appointed in accordance with Section 78B-22-453.
120          [(4)] (5) (a) "Indigent defense resources" means the resources necessary to provide an
121     effective defense for an indigent individual, including the costs for a competent investigator,
122     expert witness, scientific or medical testing, transcripts, and printing briefs.
123          (b) "Indigent defense resources" does not include an indigent defense service provider.
124          [(5)] (6) "Indigent defense service provider" means an attorney or entity appointed to
125     represent an indigent individual pursuant to:
126          (a) a contract with an indigent defense system to provide indigent defense services; or
127          (b) an order issued by the court under Subsection 78B-22-203(2)(a).
128          [(6)] (7) "Indigent defense services" means:
129          (a) the representation of an indigent individual by an indigent defense service provider;
130     and
131          (b) the provision of indigent defense resources for an indigent individual.
132          [(7)] (8) "Indigent defense system" means:
133          (a) a city or town that is responsible for providing indigent defense services [in the
134     city's or town's justice court];
135          (b) a county that is responsible for providing indigent defense services in the district
136     court, juvenile court, [or] and the county's justice courts; or
137          (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation
138     Act, that is responsible for providing indigent defense services according to the terms of an
139     agreement between a county, city, or town.
140          [(8)] (9) "Indigent individual" means:
141          (a) a minor who is:
142          (i) arrested and admitted into detention for an offense under Section 78A-6-103;
143          (ii) charged by petition or information in the juvenile or district court; or
144          (iii) described in this Subsection [(8)] (9)(a), who is appealing [a first appeal from] an
145     adjudication or other final court action; and
146          (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to
147     Section 78B-22-202.
148          [(9)] (10) "Minor" means the same as that term is defined in Section 78A-6-105.
149          (11) "Office" means the Office of Indigent Defense Services created in Section
150     78B-22-451.
151          [(10)] (12) "Participating county" means a county that complies with this chapter for
152     participation in the Indigent Aggravated Murder Defense Trust Fund as provided in Sections
153     78B-22-702 and 78B-22-703.
154          Section 4. Section 78B-22-201 is amended to read:
155          78B-22-201. Right to counsel.
156          (1) A court shall advise the following of the individual's right to counsel when the
157     individual first appears before the court:
158          (a) an adult charged with a criminal offense the penalty for which includes the
159     possibility of incarceration regardless of whether actually imposed;
160          (b) a parent or legal guardian facing [any] an action initiated by the state under:
161          (i) Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;
162          (ii) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or
163          (iii) Title 78A, Chapter 6, Part 10, Adult Offenses; [or]
164          [(iv) Section 78B-6-112; or]
165          (c) a parent or legal guardian facing an action initiated by a private party under:
166          (i) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or
167          (ii) Section 78B-6-112; or
168          [(c)] (d) an individual described in this Subsection (1), who is appealing [a first appeal
169     from] a conviction or other final court action.
170          (2) If an individual described in Subsection (1) does not knowingly and voluntarily
171     waive the right to counsel, the court shall determine whether the individual is indigent under
172     Section 78B-22-202.
173          Section 5. Section 78B-22-301 is amended to read:
174          78B-22-301. Standards for indigent defense systems.
175          An indigent defense system shall provide indigent defense services for an indigent
176     individual in accordance with the [minimum guidelines] core principles adopted by the
177     commission under Section 78B-22-404.
178          Section 6. Section 78B-22-401 is amended to read:
179          78B-22-401. Utah Indigent Defense Commission -- Creation -- Purpose.
180          (1) There is created the Utah Indigent Defense Commission within the State
181     Commission on Criminal and Juvenile Justice [the "Utah Indigent Defense Commission."].
182          (2) The purpose of the commission is to assist:
183          (a) the state in meeting the state's obligations for the provision of indigent defense
184     services, consistent with the United States Constitution, the Utah Constitution, and the Utah
185     Code; and
186          (b) the office with carrying out the statutory duties assigned to the commission and
187     office.
188          Section 7. Section 78B-22-402 is amended to read:
189          78B-22-402. Commission members -- Member qualifications -- Terms -- Vacancy.
190          (1) The commission is composed of 15 [voting] members [and one ex officio,
191     nonvoting member].
192          (a) The governor, with the consent of the Senate, shall appoint the following [13
193     voting] 11 members:
194          (i) two practicing criminal defense attorneys recommended by the Utah Association of
195     Criminal Defense Lawyers;
196          (ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
197     Association of Criminal Defense Lawyers;
198          (iii) one attorney practicing in the area of parental defense, recommended by an entity
199     funded under the Child Welfare Parental Defense Program created in Section 63M-7-211;
200          [(iii)] (iv) [an] one attorney representing minority interests recommended by the Utah
201     Minority Bar Association;
202          [(iv)] (v) one member recommended by the Utah Association of Counties from a
203     county of the first or second class;
204          [(v)] (vi) one member recommended by the Utah Association of Counties from a
205     county of the third through sixth class;
206          [(vi)] (vii) [a] one director of a county public defender organization recommended by
207     the Utah Association of Criminal Defense Lawyers;
208          [(vii)] (viii) two members recommended by the Utah League of Cities and Towns from
209     its membership; and
210          [(viii)] (ix) [a] one retired judge recommended by the Judicial Council[;].
211          [(ix) one attorney practicing in the area of parental defense, recommended by an entity
212     funded under the Child Welfare Parental Defense Program created in Section 63M-7-211; and]
213          [(x)] (b) The speaker of the House of Representatives and the president of the Senate
214     shall appoint two members of the Utah Legislature, one from the House of Representatives and
215     one from the Senate[, selected jointly by the Speaker of the House and President of the Senate].
216          [(b)] (c) The Judicial Council shall appoint a [voting] member from the Administrative
217     Office of the Courts.
218          [(c)] (d) The executive director of the State Commission on Criminal and Juvenile
219     Justice or the executive director's designee is a [voting] member of the commission.
220          [(d) The director of the commission, appointed under Section 78B-22-403, is an ex
221     officio, nonvoting member of the commission.]
222          (2) A member appointed by the governor shall serve a four-year term, except as
223     provided in Subsection (3).
224          (3) The governor shall stagger the initial terms of appointees so that approximately half
225     of the members appointed by the governor are appointed every two years.
226          (4) A member appointed to the commission shall have significant experience in
227     indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
228     have otherwise demonstrated a strong commitment to providing effective representation in
229     indigent defense services.
230          (5) [A person] An individual who is currently employed solely as a criminal
231     prosecuting attorney may not serve as a member of the commission .
232          (6) A commission member shall hold office until the member's successor is appointed.
233          (7) The commission may remove a member for incompetence, dereliction of duty,
234     malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
235          (8) If a vacancy occurs in the membership for any reason, a replacement shall be
236     appointed for the remaining unexpired term in the same manner as the original appointment.
237          (9) (a) The commission shall [annually elect] elect annually a chair from the
238     commission's membership to serve a one-year term.
239          (b) A commission member may not serve as chair of the commission for more than
240     three consecutive terms.
241          (10) A member may not receive compensation or benefits for the member's service[,]
242     but may receive per diem and travel expenses in accordance with:
243          (a) Section 63A-3-106;
244          (b) Section 63A-3-107; and
245          (c) rules made by the Division of Finance [pursuant to] in accordance with Sections
246     63A-3-106 and 63A-3-107.
247          (11) (a) A majority of the members of the commission constitutes a quorum.
248          (b) If a quorum is present, the action of a majority of the voting members present
249     constitutes the action of the commission.
250          Section 8. Section 78B-22-404 is amended to read:
251          78B-22-404. Powers and duties of the commission.
252          (1) The commission shall:
253          (a) adopt [minimum guidelines] core principles for an indigent defense system to
254     ensure the effective representation of indigent individuals consistent with the requirements of
255     the United States Constitution, the Utah Constitution, and the Utah Code, which [guidelines]
256     core principles at a minimum shall address the following:
257          (i) an indigent defense system shall ensure that in providing indigent defense services:
258          (A) an indigent individual receives conflict-free indigent defense services; and
259          (B) there is a separate contract for each type of indigent defense service; and
260          (ii) an indigent defense system shall ensure an indigent defense service provider has:
261          (A) the ability to exercise independent judgment without fear of retaliation and is free
262     to represent an indigent individual based on the indigent defense service provider's own
263     independent judgment;
264          (B) adequate access to indigent defense resources;
265          (C) the ability to provide representation to accused individuals in criminal cases at the
266     critical stages of proceedings, and at [the] all stages to indigent individuals in juvenile
267     delinquency and child welfare proceedings;
268          (D) a workload that allows for sufficient time to meet with clients, investigate cases,
269     file appropriate documents with the courts, and otherwise provide effective assistance of
270     counsel to each client;
271          (E) adequate compensation without financial disincentives;
272          (F) appropriate experience or training in the area for which the indigent defense service
273     provider is representing indigent individuals;
274          (G) compensation for legal training and education in the areas of the law relevant to the
275     types of cases for which the indigent defense service provider is representing indigent
276     individuals; and
277          (H) the ability to meet the obligations of the Utah Rules of Professional Conduct,
278     including expectations on client communications and managing conflicts of interest;
279          (b) encourage and aid indigent defense systems in the state in the regionalization of
280     indigent defense services to provide for effective and efficient representation to the indigent
281     individuals;
282          [(c) identify and collect data from any source, which is necessary for the commission
283     to:]
284          [(i) aid, oversee, and review compliance by indigent defense systems with the
285     commission's minimum guidelines for the effective representation of indigent individuals; and]
286          [(ii) provide reports regarding the operation of the commission and the provision of
287     indigent defense services by indigent defense systems in the state;]
288          [(d) assist indigent defense systems by reviewing contracts and other agreements, to
289     ensure compliance with the commission's minimum guidelines for effective representation of
290     indigent individuals;]
291          [(e) investigate, audit, and review the provision of indigent defense services to ensure
292     compliance with the commission's minimum guidelines for the effective representation of
293     indigent individuals;]
294          [(f) establish procedures for the receipt and acceptance of complaints regarding the
295     provision of indigent defense services in the state;]
296          [(g) establish procedures to award grants to indigent defense systems under Section
297     78B-22-406 consistent with the commission's minimum guidelines for the effective
298     representation of indigent individuals and appropriations by the state;]
299          [(h)] (c) emphasize the importance of ensuring constitutionally effective indigent
300     defense services;
301          [(i)] (d) encourage members of the judiciary to provide input regarding the delivery of
302     indigent defense services[;]; and
303          [(j)] (e) oversee individuals and entities involved in providing indigent defense
304     services[;].
305          [(k) annually report to the governor, Legislature, Judiciary Interim Committee, and
306     Judicial Council, regarding:]
307          [(i) the operations of the commission;]
308          [(ii) the operations of the indigent defense systems in the state; and]
309          [(iii) compliance with the commission's minimum guidelines by indigent defense
310     systems receiving grants from the commission;]
311          [(l) submit recommendations for improving indigent defense services in the state, to
312     legislative, executive, and judicial leadership; and]
313          [(m) publish an annual report on the commission's website.]
314          (2) The commission may:
315          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
316     Rulemaking Act, to carry out the commission's duties under this part[.]; and
317          (b) assign duties related to indigent defense services to the office to assist the
318     commission with the commission's statutory duties.
319          Section 9. Section 78B-22-406 is amended to read:
320          78B-22-406. Indigent defense services grant program.
321          (1) The commission may award grants [to]:
322          (a) to supplement local spending by an indigent defense system for indigent defense[.]
323     services; and
324          (b) for contracts to provide indigent defense services for appeals from juvenile court
325     proceedings in a county of the third, fourth, fifth, or sixth class.
326          (2) [Commission grant money may be used for the following expenses:] The
327     commission may use grant money:
328          (a) to assist an indigent defense system to provide indigent defense services that meet
329     the commission's [minimum guidelines] core principles for the effective representation of
330     indigent individuals;
331          (b) [the establishment and maintenance of] to establish and maintain local indigent
332     defense data collection systems;
333          (c) to provide indigent defense services in addition to [those] indigent defense services
334     that are currently being provided by an indigent defense system; [and]
335          (d) to provide training and continuing legal education for indigent defense service
336     providers[.]; and
337          (e) to assist indigent defense systems with appeals from juvenile court proceedings.
338          (3) To receive a grant from the commission, an indigent defense system shall
339     demonstrate to the commission's satisfaction that:
340          (a) the indigent defense system has incurred or reasonably anticipates incurring
341     expenses for indigent defense services that are in addition to the indigent defense system's
342     average annual spending on indigent defense services in the three fiscal years immediately
343     preceding the grant application; and
344          (b) a grant from the commission is necessary for the indigent defense system to meet
345     the commission's [minimum guidelines] core principles for the effective representation of
346     indigent individuals.
347          (4) The commission may revoke a grant if an indigent defense system fails to meet
348     requirements of the grant or any of the commission's [minimum guidelines] core principles for
349     the effective representation of indigent individuals.
350          Section 10. Section 78B-22-451 is enacted to read:
351     
Part 4a. Office of Indigent Defense Services

352          78B-22-451. Office of Indigent Defense Services -- Creation.
353          There is created the Office of Indigent Defense Services within the State Commission
354     of Criminal and Juvenile Justice.
355          Section 11. Section 78B-22-452 is enacted to read:
356          78B-22-452. Duties of the office.
357          (1) The office shall:
358          (a) establish an annual budget for the Indigent Defense Resources Restricted Account
359     created in Section 78B-22-405;
360          (b) assist the commission in performing the commission's statutory duties described in
361     this chapter;
362          (c) identify and collect data that is necessary for the commission to:
363          (i) aid, oversee, and review compliance by indigent defense systems with the
364     commission's core principles for the effective representation of indigent individuals; and
365          (ii) provide reports regarding the operation of the commission and the provision of
366     indigent defense services by indigent defense systems in the state;
367          (d) assist indigent defense systems by reviewing contracts and other agreements to
368     ensure compliance with the commission's core principles for the effective representation of
369     indigent individuals;
370          (e) establish procedures for the receipt and acceptance of complaints regarding the
371     provision of indigent defense services in the state;
372          (f) establish procedures to award grants to indigent defense systems under Section
373     78B-22-406 that are consistent with the commission's core principles;
374          (g) assist the commission in developing and reviewing advisory caseload guidelines
375     and procedures;
376          (h) investigate, audit, and review the provision of indigent defense services to ensure
377     compliance with the commission's core principles for the effective representation of indigent
378     individuals;
379          (i) annually report to the governor, Legislature, Judiciary Interim Committee, and
380     Judicial Council, regarding:
381          (A) the operations of the commission;
382          (B) the operations of the indigent defense systems in the state; and
383          (C) compliance with the commission's core principles by indigent defense systems
384     receiving grants from the commission;
385          (j) submit recommendations to the commission for improving indigent defense services
386     in the state;
387          (k) publish an annual report on the commission's website; and
388          (l) perform all other duties assigned by the commission related to indigent defense
389     services.
390          (2) The office may enter into contracts and accept, allocate, and administer funds and
391     grants from any public or private person to accomplish the duties of the office.
392          (3) Any contract entered into under this part shall require that indigent defense services
393     are provided in a manner consistent with the commission's core principles implemented under
394     Section 78B-22-404.
395          Section 12. Section 78B-22-453, which is renumbered from Section 78B-22-403 is
396     renumbered and amended to read:
397          [78B-22-403].      78B-22-453. Director -- Qualifications -- Staff.
398          [(1) The commission shall appoint a director to carry out the following duties:]
399          [(a) establish an annual budget;]
400          [(b) assist the commission in performing the commission's statutory duties;]
401          [(c) assist the commission in developing and regularly reviewing advisory caseload
402     guidelines and procedures; and]
403          [(d) perform all other duties as assigned.]
404          (1) The executive director of the State Commission on Criminal and Juvenile Justice
405     shall appoint a director to carry out the duties of the office described in Section 78B-22-452.
406          (2) The director shall be an active member of the Utah State Bar with an appropriate
407     background and experience to serve as the full-time director.
408          (3) The director shall hire staff as necessary to carry out the duties of the [commission]
409     office described in Section 78B-22-452, including:
410          (a) one individual who is an active member of the Utah State Bar to serve as a full-time
411     assistant director; and
412          (b) one individual with data collection and analysis skills [to carry out duties as
413     outlined in Subsection 78B-22-404(1)(c)].
414          (4) When appointing the director of the office under Subsection (1), the executive
415     director of the State Commission on Criminal and Juvenile Justice shall give preference to an
416     individual with experience in adult criminal defense, child welfare parental defense, or juvenile
417     delinquency defense.
418          [(4) The commission in appointing the director, and the director in hiring the assistant
419     director, shall give a preference to individuals]
420          (5) When hiring the assistant director, the director shall give preference to an
421     individual with experience in adult criminal defense, child welfare parental defense, or juvenile
422     delinquency defense.
423          Section 13. Section 78B-22-601 is amended to read:
424          78B-22-601. Defense of indigent inmates.
425          (1) The board shall enter into contracts to provide indigent defense services for an
426     indigent inmate who:
427          (a) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth
428     class as defined in Section 17-50-501;
429          (b) is charged with having committed a crime within that state prison; and
430          (c) will require defense counsel.
431          (2) Payment for indigent defense services shall be made from the Indigent Inmate Trust
432     Fund as provided in Section 78B-22-602.
433          (3) A contract under this part shall ensure that indigent defense services are provided in
434     a manner consistent with the [minimum guidelines] core principles described in Section
435     78B-22-301.
436          (4) The county attorney or district attorney of a county of the third, fourth, fifth, or
437     sixth class shall function as the prosecuting entity.
438          (5) (a) A county of the third, fourth, fifth, or sixth class where a state prison is located
439     may impose an additional property tax levy by ordinance at .0001 per dollar of taxable value in
440     the county.
441          (b) If the county governing body imposes the additional property tax levy by ordinance,
442     the [money] revenue shall be deposited into the Indigent Inmate Trust Fund as provided in
443     Section 78B-22-602 to fund the purposes of this part.
444          (c) Upon notification that the fund has reached the amount specified in Subsection
445     78B-22-602(6), a county shall deposit [money] revenue derived from the property tax levy after
446     the county receives the notice into a county account used exclusively to provide indigent
447     defense services.
448          (d) A county that chooses not to impose the additional levy by ordinance may not
449     receive any benefit from the Indigent Inmate Trust Fund.
450          Section 14. Section 78B-22-801 is enacted to read:
451     
Part 8. Indigent Appellate Defense Division

452          78B-22-801. Definitions.
453          (1) "Appellate defense services" means the representation of an indigent individual
454     facing an appeal under Section 77-18a-1.
455          (2) "Division" means the Indigent Appellate Defense Division created in Section
456     78B-22-802.
457          Section 15. Section 78B-22-802 is enacted to read:
458          78B-22-802. Indigent Appellate Defense Division.
459          There is created the Indigent Appellate Defense Division within the Office of Indigent
460     Defense Services.
461          Section 16. Section 78B-22-803 is enacted to read:
462          78B-22-803. Powers and duties of the division.
463          (1) The division shall:
464          (a) provide appellate defense services in counties of the third, fourth, fifth, and sixth
465     class; and
466          (b) provide appellate defense services in accordance with the core principles adopted
467     by the commission under Section 78A-22-404 and any other state and federal standards for
468     appellate defense services.
469          (2) Upon consultation with the director and the commission, the division shall:
470          (a) adopt a budget for the division;
471          (b) adopt and publish on the commission's website:
472          (i) appellate performance standards;
473          (ii) case weighting standards; and
474          (iii) any other relevant measures or information to assist with appellate defense
475     services; and
476          (c) if requested by the commission, provide a report to the commission on:
477          (i) the provision of appellate defense services by the division;
478          (ii) the caseloads of appellate attorneys; and
479          (iii) any other information relevant to appellate defense services in the state.
480          (3) If the division provides appellate defense services to an indigent individual in an
481     indigent defense system, the division shall provide notice to the district court and the indigent
482     defense system that the division intends to be appointed as counsel for the indigent individual.
483          (4) The office shall assist with providing training and continual legal education on
484     appellate defense to indigent defense service providers in counties of the third, fourth, fifth, and
485     sixth class.
486          Section 17. Section 78B-22-804 is enacted to read:
487          78B-22-804. Chief appellate officer -- Qualifications -- Staff.
488          (1) (a) After consulting with the commission, the director shall appoint a chief
489     appellate officer.
490          (b) When appointing the chief appellate officer, the director shall give preference to an
491     individual with experience in adult criminal appellate defense representation.
492          (2) The chief appellate officer shall be an active member of the Utah State Bar with an
493     appropriate background and experience to serve as the chief appellate officer.
494          (3) The chief appellate officer shall carry out the duties of the division described in
495     Section 78B-22-803.
496          (4) The chief appellate officer shall:
497          (a) provide appellate defense services in a county of the third, fourth, fifth, or sixth
498     class;
499          (b) hire staff as necessary to carry out the duties of the division described in Section
500     78A-22-803; and
501          (c) perform all other duties that are necessary for the division to carry out the division's
502     statutory duties.