1     
INDIGENT DEFENSE COMMISSION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Utah Indigent Defense Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes the term "director" to "executive director" in Title 78B, Chapter 22,
13     Indigent Defense Act;
14          ▸     provides that the Office of Indigent Defense Services is created under the Utah
15     Indigent Defense Commission;
16          ▸     provides that the Utah Indigent Defense Commission shall appoint, and may
17     remove, the executive director of the Office of Indigent Defense Services by a
18     majority vote of the commission; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          78B-22-102, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
27          78B-22-451, as enacted by Laws of Utah 2020, Chapters 371, 392, 395 and last

28     amended by Coordination Clause, Laws of Utah 2020, Chapters 392, and 395
29          78B-22-453, as renumbered and amended by Laws of Utah 2020, Chapters 371, 392,
30     395 and last amended by Coordination Clause, Laws of Utah 2020, Chapters 392,
31     and 395
32          78B-22-802, as renumbered and amended by Laws of Utah 2020, Chapter 395
33          78B-22-903, as enacted by Laws of Utah 2020, Chapter 371
34          78B-22-904, as enacted by Laws of Utah 2020, Chapter 371
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 78B-22-102 is amended to read:
38          78B-22-102. Definitions.
39          As used in this chapter:
40          (1) "Account" means the Indigent Defense Resources Restricted Account created in
41     Section 78B-22-405.
42          (2) "Board" means the Indigent Defense Funds Board created in Section 78B-22-501.
43          (3) "Commission" means the Utah Indigent Defense Commission created in Section
44     78B-22-401.
45          (4) ["Director"] "Executive director" means the executive director of the Office of
46     Indigent Defense Services, created in Section 78B-22-451, who is appointed in accordance
47     with Section 78B-22-453.
48          (5) (a) "Indigent defense resources" means the resources necessary to provide an
49     effective defense for an indigent individual, including the costs for a competent investigator,
50     expert witness, scientific or medical testing, transcripts, and printing briefs.
51          (b) "Indigent defense resources" does not include an indigent defense service provider.
52          (6) "Indigent defense service provider" means an attorney or entity appointed to
53     represent an indigent individual pursuant to:
54          (a) a contract with an indigent defense system to provide indigent defense services; or
55          (b) an order issued by the court under Subsection 78B-22-203(2)(a).
56          (7) "Indigent defense services" means:
57          (a) the representation of an indigent individual by an indigent defense service provider;
58     and

59          (b) the provision of indigent defense resources for an indigent individual.
60          (8) "Indigent defense system" means:
61          (a) a city or town that is responsible for providing indigent defense services;
62          (b) a county that is responsible for providing indigent defense services in the district
63     court, juvenile court, and the county's justice courts; or
64          (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation
65     Act, that is responsible for providing indigent defense services according to the terms of an
66     agreement between a county, city, or town.
67          (9) "Indigent individual" means:
68          (a) a minor who is:
69          (i) arrested and admitted into detention for an offense under Section 78A-6-103;
70          (ii) charged by petition or information in the juvenile or district court; or
71          (iii) described in this Subsection (9)(a), who is appealing an adjudication or other final
72     court action; and
73          (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to
74     Section 78B-22-202.
75          (10) "Minor" means the same as that term is defined in Section 78A-6-105.
76          (11) "Office" means the Office of Indigent Defense Services created in Section
77     78B-22-451.
78          (12) "Participating county" means a county that complies with this chapter for
79     participation in the Indigent Aggravated Murder Defense Trust Fund as provided in Sections
80     78B-22-702 and 78B-22-703.
81          Section 2. Section 78B-22-451 is amended to read:
82          78B-22-451. Office of Indigent Defense Services -- Creation.
83          There is created [the Office of Indigent Defense Services within the State Commission
84     on Criminal and Juvenile Justice] under the commission the Office of Indigent Defense
85     Services.
86          Section 3. Section 78B-22-453 is amended to read:
87          78B-22-453. Executive director -- Qualifications -- Staff.
88          [(1) The executive director of the State Commission on Criminal and Juvenile Justice
89     shall appoint a director to carry out the duties of the office described in Section 78B-22-452.]

90          (1) The commission:
91          (a) shall appoint the executive director, by a majority vote of the commission, to carry
92     out the duties of the office described in Section 78B-22-452; and
93          (b) may remove the executive director by majority vote of the commission.
94          (2) The executive director shall be an active member of the Utah State Bar with an
95     appropriate background and experience to serve as the full-time executive director.
96          (3) The executive director shall hire staff as necessary to carry out the duties of the
97     office as described in Section 78B-22-452, including:
98          (a) one individual who is an active member of the Utah State Bar to serve as a full-time
99     assistant director; and
100          (b) one individual with data collection and analysis skills.
101          (4) When appointing the executive director of the office under Subsection (1), the
102     [executive director of the State Commission on Criminal and Juvenile Justice] commission
103     shall give preference to an individual with experience in adult criminal defense, child welfare
104     parental defense, or juvenile delinquency defense.
105          (5) When hiring the assistant director, the executive director shall give preference to an
106     individual with experience in adult criminal defense, child welfare parental defense, or juvenile
107     delinquency defense.
108          Section 4. Section 78B-22-802 is amended to read:
109          78B-22-802. Child Welfare Parental Defense Program -- Creation -- Duties --
110     Annual report -- Budget.
111          (1) There is created within the office the Child Welfare Parental Defense Program.
112          (2) (a) The office shall:
113          (i) administer and enforce the program in accordance with this part;
114          (ii) manage the operation and budget of the program;
115          (iii) develop and provide educational and training programs for contracted parental
116     defense attorneys; and
117          (iv) provide information and advice to assist a contracted parental defense attorney to
118     comply with the attorney's professional, contractual, and ethical duties.
119          (b) In administering the program, the office shall contract with:
120          (i) a person who is qualified to perform the program duties under this section; and

121          (ii) an attorney, as an independent contractor, in accordance with Section 78B-22-803.
122          (3) (a) The executive director shall prepare a budget of:
123          (i) the administrative expenses for the program; and
124          (ii) the amount estimated to fund needed contracts and other costs.
125          (b) On or before October 1 of each year, the executive director shall report to the
126     governor and the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year
127     on the operations, activities, and goals of the program.
128          Section 5. Section 78B-22-903 is amended to read:
129          78B-22-903. Powers and duties of the division.
130          (1) The division shall:
131          (a) provide appellate defense services in counties of the third, fourth, fifth, and sixth
132     class; and
133          (b) provide appellate defense services in accordance with the core principles adopted
134     by the commission under Section 78B-22-404 and any other state and federal standards for
135     appellate defense services.
136          (2) Upon consultation with the executive director and the commission, the division
137     shall:
138          (a) adopt a budget for the division;
139          (b) adopt and publish on the commission's website:
140          (i) appellate performance standards;
141          (ii) case weighting standards; and
142          (iii) any other relevant measures or information to assist with appellate defense
143     services; and
144          (c) if requested by the commission, provide a report to the commission on:
145          (i) the provision of appellate defense services by the division;
146          (ii) the caseloads of appellate attorneys; and
147          (iii) any other information relevant to appellate defense services in the state.
148          (3) If the division provides appellate defense services to an indigent individual in an
149     indigent defense system, the division shall provide notice to the district court and the indigent
150     defense system that the division intends to be appointed as counsel for the indigent individual.
151          (4) The office shall assist with providing training and continual legal education on

152     appellate defense to indigent defense service providers in counties of the third, fourth, fifth, and
153     sixth class.
154          Section 6. Section 78B-22-904 is amended to read:
155          78B-22-904. Chief appellate officer -- Qualifications -- Staff.
156          (1) (a) After consulting with the commission, the executive director shall appoint a
157     chief appellate officer.
158          (b) When appointing the chief appellate officer, the executive director shall give
159     preference to an individual with experience in adult criminal appellate defense representation.
160          (2) The chief appellate officer shall be an active member of the Utah State Bar with an
161     appropriate background and experience to serve as the chief appellate officer.
162          (3) The chief appellate officer shall carry out the duties of the division described in
163     Section 78B-22-903.
164          (4) The chief appellate officer shall:
165          (a) provide appellate defense services in a county of the third, fourth, fifth, or sixth
166     class;
167          (b) hire staff as necessary to carry out the duties of the division described in Section
168     78B-22-903; and
169          (c) perform all other duties that are necessary for the division to carry out the division's
170     statutory duties.