Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 139 First Substitute (2020GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates and modifies definitions;
• amends the right to counsel for certain parties;
• amends the powers, duties, and membership of the Utah Indigent Defense Commission;
• creates the Office of Indigent Defense Services;
• creates the powers and duties of the Office of Indigent Defense Services;
• amends provisions related to indigent defense grants;
• creates the Indigent Appellate Defense Division to serve rural counties;
• provides the powers and duties of the Indigent Appellate Defense Division;
• creates the position of chief appellate officer within the Indigent Appellate Defense Division; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

AMENDMENTS TO INDIGENT DEFENSE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill addresses indigent defense services.
Highlighted Provisions:
This bill:
▸ creates and modifies definitions;
▸ amends the right to counsel for certain parties;
▸ amends the powers, duties, and membership of the Utah Indigent Defense
Commission;
▸ creates the Office of Indigent Defense Services;
▸ creates the powers and duties of the Office of Indigent Defense Services;
▸ amends provisions related to indigent defense grants;
▸ creates the Indigent Appellate Defense Division to serve rural counties;
▸ provides the powers and duties of the Indigent Appellate Defense Division;
▸ creates the position of chief appellate officer within the Indigent Appellate Defense
Division; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-1111
, as last amended by Laws of Utah 2019, Chapter 326
78B-6-112
, as last amended by Laws of Utah 2019, Chapters 136, 326, and 491
78B-22-102
, as enacted by Laws of Utah 2019, Chapter 326
78B-22-201
, as enacted by Laws of Utah 2019, Chapter 326
78B-22-301
, as enacted by Laws of Utah 2019, Chapter 326
78B-22-401
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-402
, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
amended by Laws of Utah 2019, Chapter 326
78B-22-404
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-406
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-601
, as renumbered and amended by Laws of Utah 2019, Chapter 326
ENACTS:
78B-22-451
, Utah Code Annotated 1953
78B-22-452
, Utah Code Annotated 1953
78B-22-801
, Utah Code Annotated 1953
78B-22-802
, Utah Code Annotated 1953
78B-22-803
, Utah Code Annotated 1953
78B-22-804
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78B-22-453
, (Renumbered from 78B-22-403, as renumbered and amended by Laws of
Utah 2019, Chapter 326)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-1111
 is amended to read:
78A-6-1111.
Order for indigent defense service or guardian ad litem.
[
(1) A court shall order indigent defense services for a minor, parent, or legal guardian
as provided by Title 78B, Chapter 22, Indigent Defense Act.
]
(1) A court shall order indigent defense services in accordance with Title 78B, Chapter
22, Indigent Defense Act, for a minor, parent, or legal guardian facing an action filed by a
private party or the state under this title.
(2) 
(a)
 In any action under Part 3, Abuse, Neglect, and Dependency Proceedings, or
Part 5, Termination of Parental Rights Act, the child shall be represented by a guardian ad
litem in accordance with Sections 
78A-6-317
 and 
78A-6-902
.
(b)
 The child shall [
also
] be represented by an attorney guardian ad litem in other
actions initiated under this chapter when appointed by the court under Section 
78A-6-902
 or as
otherwise provided by law.
Section 2. Section 
78B-6-112
 is amended to read:
78B-6-112.
District court jurisdiction over termination of parental rights
proceedings.
(1) A district court has jurisdiction to terminate parental rights in a child if the party
[
who
] 
that
 filed the petition is seeking to terminate parental rights in the child for the purpose
of facilitating the adoption of the child.
(2) A petition to terminate parental rights under this section may be:
(a) joined with a proceeding on an adoption petition; or
(b) filed as a separate proceeding before or after a petition to adopt the child is filed.
(3) A court may enter a final order terminating parental rights before a final decree of
adoption is entered.
(4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
proceedings to terminate parental rights as described in Section 
78A-6-103
.
(b) This section does not grant jurisdiction to a district court to terminate parental
rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
neglect, dependency, or termination of parental rights proceeding.
(5) The district court may terminate an individual's parental rights in a child if:
(a) the individual executes a voluntary consent to adoption, or relinquishment for
adoption, of the child, in accordance with:
(i) the requirements of this chapter; or
(ii) the laws of another state or country, if the consent is valid and irrevocable;
(b) the individual is an unmarried biological father who is not entitled to consent to
adoption, or relinquishment for adoption, under Section 
78B-6-120
 or 
78B-6-121
;
(c) the individual:
(i) received notice of the adoption proceeding relating to the child under Section
78B-6-110
; and
(ii) failed to file a motion for relief, under Subsection 
78B-6-110
(6), within 30 days
after the day on which the individual was served with notice of the adoption proceeding;
(d) the court finds, under Section 
78B-15-607
, that the individual is not a parent of the
child; or
(e) the individual's parental rights are terminated on grounds described in Title 78A,
Chapter 6, Part 5, Termination of Parental Rights Act, [
if terminating the individual's parental
rights is
] 
and termination is
 in the best interests of the child.
(6) The court shall appoint an indigent defense service provider[
, under
] 
in accordance
with
 Title 78B, Chapter 22, Indigent Defense Act, to represent [
a party
] 
an individual
 who
faces any action initiated by a private party under Title 78A, Chapter 6, Part 5, Termination of
Parental Rights Act
,
 or whose parental rights are subject to termination under this section.
(7) If a county incurs expenses in providing indigent defense services to an indigent
individual facing any action initiated by a private party under Title 78A, Chapter 6, Part 5,
Termination of Parental Rights Act
,
 or termination of parental rights under this section, the
county may apply for reimbursement from the Utah Indigent Defense Commission [
under
] 
in
accordance with
 Section 
78B-22-406
.
(8) A petition filed under this section is subject to the procedural requirements of this
chapter.
Section 3. Section 
78B-22-102
 is amended to read:
78B-22-102.
Definitions.
As used in this chapter:
(1) "Account" means the Indigent Defense Resources Restricted Account created in
Section 
78B-22-405
.
(2) "Board" means the Indigent Defense Funds Board created in Section 
78B-22-501
.
(3) "Commission" means the Utah Indigent Defense Commission created in Section
78B-22-401
.
(4) "Director" means the director of the Office of Indigent Defense Services, created in
Section 
78B-22-451
, who is appointed in accordance with Section 
78B-22-453
.
[
(4)
] 
(5)
 (a) "Indigent defense resources" means the resources necessary to provide an
effective defense for an indigent individual, including the costs for a competent investigator,
expert witness, scientific or medical testing, transcripts, and printing briefs.
(b) "Indigent defense resources" does not include an indigent defense service provider.
[
(5)
] 
(6)
 "Indigent defense service provider" means an attorney or entity appointed to
represent an indigent individual pursuant to:
(a) a contract with an indigent defense system to provide indigent defense services; or
(b) an order issued by the court under Subsection 
78B-22-203
(2)(a).
[
(6)
] 
(7)
 "Indigent defense services" means:
(a) the representation of an indigent individual by an indigent defense service provider;
and
(b) the provision of indigent defense resources for an indigent individual.
[
(7)
] 
(8)
 "Indigent defense system" means:
(a) a city or town that is responsible for providing indigent defense services [
in the
city's or town's justice court
];
(b) a county that is responsible for providing indigent defense services in the district
court, juvenile court, [
or
] 
and
 the county's justice courts; or
(c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation
Act, that is responsible for providing indigent defense services according to the terms of an
agreement between a county, city, or town.
[
(8)
] 
(9)
 "Indigent individual" means:
(a) a minor who is:
(i) arrested and admitted into detention for an offense under Section 
78A-6-103
;
(ii) charged by petition or information in the juvenile or district court; or
(iii) described in this Subsection [
(8)
] 
(9)
(a), who is appealing [
a first appeal from
] an
adjudication or other final court action; and
(b) an individual listed in Subsection 
78B-22-201
(1) who is found indigent pursuant to
Section 
78B-22-202
.
[
(9)
] 
(10)
 "Minor" means the same as that term is defined in Section 
78A-6-105
.
(11) "Office" means the Office of Indigent Defense Services created in Section
78B-22-451
.
[
(10)
] 
(12)
 "Participating county" means a county that complies with this chapter for
participation in the Indigent Aggravated Murder Defense Trust Fund as provided in Sections
78B-22-702
 and 
78B-22-703
.
Section 4. Section 
78B-22-201
 is amended to read:
78B-22-201.
Right to counsel.
(1) A court shall advise the following of the individual's right to counsel when the
individual first appears before the court:
(a) an adult charged with a criminal offense the penalty for which includes the
possibility of incarceration regardless of whether actually imposed;
(b) a parent or legal guardian facing [
any
] 
an
 action 
initiated by the state
 under:
(i) Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;
(ii) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; 
or
(iii) Title 78A, Chapter 6, Part 10, Adult Offenses; [
or
]
[
(iv) Section 
78B-6-112
; or
]
(c) a parent or legal guardian facing an action initiated by any party under:
(i) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or
(ii) Section 
78B-6-112
; or
[
(c)
] 
(d)
 an individual described in this Subsection (1), who is appealing [
a first appeal
from
] a conviction or other final court action.
(2) If an individual described in Subsection (1) does not knowingly and voluntarily
waive the right to counsel, the court shall determine whether the individual is indigent under
Section 
78B-22-202
.
Section 5. Section 
78B-22-301
 is amended to read:
78B-22-301.
Standards for indigent defense systems.
An indigent defense system shall provide indigent defense services for an indigent
individual in accordance with the [
minimum guidelines
] 
core principles
 adopted by the
commission under Section 
78B-22-404
.
Section 6. Section 
78B-22-401
 is amended to read:
78B-22-401.
Utah Indigent Defense Commission -- Creation -- Purpose.
(1) There is created 
the Utah Indigent Defense Commission
 within the State
Commission on Criminal and Juvenile Justice [
the "Utah Indigent Defense Commission."
]
.
(2) The purpose of the commission is to assist
:
(a)
 the state in meeting the state's obligations for the provision of indigent defense
services, consistent with the United States Constitution, the Utah Constitution, and the Utah
Code
; and
(b) the office with carrying out the statutory duties assigned to the commission and
office
. 
Section 7. Section 
78B-22-402
 is amended to read:
78B-22-402.
Commission members -- Member qualifications -- Terms -- Vacancy.
(1) The commission is composed of 15 [
voting
] members [
and one ex officio,
nonvoting member
].
(a) The governor, with the consent of the Senate, shall appoint the following [
voting
] 
 members:
(i) two practicing criminal defense attorneys recommended by the Utah Association of
Criminal Defense Lawyers;
(ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
Association of Criminal Defense Lawyers;
(iii) one attorney practicing in the area of parental defense, recommended by an entity
funded under the Child Welfare Parental Defense Program created in Section 
63M-7-211
;
[
(iii)
] 
(iv)
 [
an
] 
one
 attorney representing minority interests recommended by the Utah
Minority Bar Association;
[
(iv)
] 
(v)
 one member recommended by the Utah Association of Counties from a
county of the first or second class;
[
(v)
] 
(vi)
 one member recommended by the Utah Association of Counties from a
county of the third through sixth class;
[
(vi)
] 
(vii)
 [
a
] 
one
 director of a county public defender organization recommended by
the Utah Association of Criminal Defense Lawyers;
[
(vii)
] 
(viii)
 two members recommended by the Utah League of Cities and Towns from
its membership; 
and
[
(viii)
] 
(ix)
 [
a
] 
one
 retired judge recommended by the Judicial Council[
;
]
.
[
(ix) one attorney practicing in the area of parental defense, recommended by an entity
funded under the Child Welfare Parental Defense Program created in Section 
63M-7-211
; and
] 
[
(x)
] 
(b) The speaker of the House of Representatives and the president of the Senate
shall appoint
 two members of the Utah Legislature, one from the House of Representatives and
one from the Senate[
, selected jointly by the Speaker of the House and President of the Senate
].
[
(b)
] 
(c)
 The Judicial Council shall appoint a [
voting
] member from the Administrative
Office of the Courts.
[
(c)
] 
(d)
 The executive director of the State Commission on Criminal and Juvenile
Justice or the executive director's designee is a [
voting
] member of the commission.
[
(d) The director of the commission, appointed under Section 
78B-22-403
, is an ex
officio, nonvoting member of the commission.
]
(2) A member appointed by the governor shall serve a four-year term, except as
provided in Subsection (3).
(3) The governor shall stagger the initial terms of appointees so that approximately half
of the members appointed by the governor are appointed every two years.
(4) A member appointed to the commission shall have significant experience in
indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
have otherwise demonstrated a strong commitment to providing effective representation in
indigent defense services.
(5) [
A person
] 
An individual
 who is currently employed solely as a criminal
prosecuting attorney may not serve as a member of the commission .
(6) A commission member shall hold office until the member's successor is appointed.
(7) The commission may remove a member for incompetence, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
(8) If a vacancy occurs in the membership for any reason, a replacement shall be
appointed for the remaining unexpired term in the same manner as the original appointment.
(9) 
(a)
 The commission shall [
annually elect
] 
elect annually
 a chair from the
commission's membership to serve a one-year term.
(b)
 A commission member may not serve as chair of the commission for more than
three consecutive terms.
(10) A member may not receive compensation or benefits for the member's service[
,
]
but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance [
pursuant to
] 
in accordance with
 Sections
63A-3-106
 and 
63A-3-107
.
(11) (a) A majority of the members of the commission constitutes a quorum.
(b) If a quorum is present, the action of a majority of the voting members present
constitutes the action of the commission.
Section 8. Section 
78B-22-404
 is amended to read:
78B-22-404.
Powers and duties of the commission.
(1) The commission shall:
(a) adopt [
minimum guidelines
] 
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 [
guidelines
]
core 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 [
the
] 
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) identify and collect data from any source, which is necessary for the commission
to:
]
[
(i) aid, oversee, and review compliance by indigent defense systems with the
commission's minimum guidelines for the effective representation of indigent individuals; and
]
[
(ii) provide reports regarding the operation of the commission and the provision of
indigent defense services by indigent defense systems in the state;
]
[
(d) assist indigent defense systems by reviewing contracts and other agreements, to
ensure compliance with the commission's minimum guidelines for effective representation of
indigent individuals;
]
[
(e) investigate, audit, and review the provision of indigent defense services to ensure
compliance with the commission's minimum guidelines for the effective representation of
indigent individuals;
]
[
(f) establish procedures for the receipt and acceptance of complaints regarding the
provision of indigent defense services in the state;
]
[
(g) establish procedures to award grants to indigent defense systems under Section
78B-22-406
 consistent with the commission's minimum guidelines for the effective
representation of indigent individuals and appropriations by the state;
]
[
(h)
] 
(c)
 emphasize the importance of ensuring constitutionally effective indigent
defense services;
[
(i)
] 
(d)
 encourage members of the judiciary to provide input regarding the delivery of
indigent defense services[
;
]
; and
[
(j)
] 
(e)
 oversee individuals and entities involved in providing indigent defense
services[
;
]
.
[
(k) annually report to the governor, Legislature, Judiciary Interim Committee, and
Judicial Council, regarding:
]
[
(i) the operations of the commission;
]
[
(ii) the operations of the indigent defense systems in the state; and
]
[
(iii) compliance with the commission's minimum guidelines by indigent defense
systems receiving grants from the commission;
]
[
(l) submit recommendations for improving indigent defense services in the state, to
legislative, executive, and judicial leadership; and
]
[
(m) publish an annual report on the commission's website.
]
(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[
.
]
; and
(b) assign duties related to indigent defense services to the office to assist the
commission with the commission's statutory duties.
Section 9. Section 
78B-22-406
 is amended to read:
78B-22-406.
Indigent defense services grant program.
(1) The commission may award grants [
to
]
:
(a) to
 supplement local spending by an indigent defense system for indigent defense[
.
]
services; and
(b) for contracts to provide indigent defense services for appeals from juvenile court
proceedings in a county of the third, fourth, fifth, or sixth class.
(2) [
Commission grant money may be used for the following expenses:
] 
The
commission may use grant money:
(a) to assist an indigent defense system to provide indigent defense services that meet
the commission's [
minimum guidelines
] 
core principles
 for the effective representation of
indigent individuals;
(b) [
the establishment and maintenance of
] 
to establish and maintain
 local indigent
defense data collection systems;
(c) 
to provide
 indigent defense services in addition to [
those
] 
indigent defense services
that are
 currently being provided by an indigent defense system; [
and
]
(d) to provide training and continuing legal education for indigent defense service
providers[
.
]
; and
(e) to assist indigent defense systems with appeals from juvenile court proceedings.
(3) To receive a grant from the commission, an indigent defense system shall
demonstrate to the commission's satisfaction that:
(a) the indigent defense system has incurred or reasonably anticipates incurring
expenses for indigent defense services that are in addition to the indigent defense system's
average annual spending on indigent defense services in the three fiscal years immediately
preceding the grant application; and
(b) a grant from the commission is necessary for the indigent defense system to meet
the commission's [
minimum guidelines
] 
core principles
 for the effective representation of
indigent individuals.
(4) The commission may revoke a grant if an indigent defense system fails to meet
requirements of the grant or any of the commission's [
minimum guidelines
] 
core principles
 for
the effective representation of indigent individuals.
Section 10. Section 
78B-22-451
 is enacted to read:
Part 4a. Office of Indigent Defense Services
 78B-22-451.
Office of Indigent Defense Services -- Creation.
There is created the Office of Indigent Defense Services within the State Commission
of Criminal and Juvenile Justice.
Section 11. Section 
78B-22-452
 is enacted to read:
 78B-22-452.
Duties of the office.
(1) The office shall:
(a) establish an annual budget for the Indigent Defense Resources Restricted Account
created in Section 
78B-22-405
;
(b) assist the commission in performing the commission's statutory duties described in
this chapter;
(c) identify and collect data that is necessary for the commission to:
(i) aid, oversee, and review compliance by indigent defense systems with the
commission's core principles for the effective representation of indigent individuals; and
(ii) provide reports regarding the operation of the commission and the provision of
indigent defense services by indigent defense systems in the state;
(d) assist indigent defense systems by reviewing contracts and other agreements to
ensure compliance with the commission's core principles for the effective representation of
indigent individuals;
(e) establish procedures for the receipt and acceptance of complaints regarding the
provision of indigent defense services in the state;
(f) establish procedures to award grants to indigent defense systems under Section
78B-22-406
 that are consistent with the commission's core principles;
(g) assist the commission in developing and reviewing advisory caseload guidelines
and procedures;
(h) investigate, audit, and review the provision of indigent defense services to ensure
compliance with the commission's core principles for the effective representation of indigent
individuals;
(i) annually report to the governor, Legislature, Judiciary Interim Committee, and
Judicial Council, regarding:
(A) the operations of the commission;
(B) the operations of the indigent defense systems in the state; and
(C) compliance with the commission's core principles by indigent defense systems
receiving grants from the commission;
(j) submit recommendations to the commission for improving indigent defense services
in the state;
(k) publish an annual report on the commission's website; and
(l) perform all other duties assigned by the commission related to indigent defense
services.
(2) The office may enter into contracts and accept, allocate, and administer funds and
grants from any public or private person to accomplish the duties of the office.
(3) Any contract entered into under this part shall require that indigent defense services
are provided in a manner consistent with the commission's core principles implemented under
Section 
78B-22-404
.
Section 12. Section 
78B-22-453
, which is renumbered from Section 78B-22-403 is
renumbered and amended to read:
[
78B-22-403
].
 78B-22-453.
Director -- Qualifications -- Staff.
[
(1) The commission shall appoint a director to carry out the following duties:
]
[
(a) establish an annual budget;
]
[
(b) assist the commission in performing the commission's statutory duties;
]
[
(c) assist the commission in developing and regularly reviewing advisory caseload
guidelines and procedures; and
]
[
(d) perform all other duties as assigned.
]
(1) The executive director of the State Commission on Criminal and Juvenile Justice
shall appoint a director to carry out the duties of the office described in Section 
78B-22-452
.
(2) The director shall be an active member of the Utah State Bar with an appropriate
background and experience to serve as the full-time director.
(3) The director shall hire staff as necessary to carry out the duties of the [
commission
]
office described in Section 
78B-22-452
, including:
(a) one individual who is an active member of the Utah State Bar to serve as a full-time
assistant director; and
(b) one individual with data collection and analysis skills [
to carry out duties as
outlined in Subsection 
78B-22-404
(1)(c)
].
(4) When appointing the director of the office under Subsection (1), the executive
director of the State Commission on Criminal and Juvenile Justice shall give preference to an
individual with experience in adult criminal defense, child welfare parental defense, or juvenile
delinquency defense.
[
(4) The commission in appointing the director, and the director in hiring the assistant
director, shall give a preference to individuals
]
(5) When hiring the assistant director, the director shall give preference to an
individual
 with experience in adult criminal defense, child welfare parental defense, or juvenile
delinquency defense.
Section 13. Section 
78B-22-601
 is amended to read:
78B-22-601.
Defense of indigent inmates.
(1) The board shall enter into contracts to provide indigent defense services for an
indigent inmate who:
(a) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth
class as defined in Section 
17-50-501
;
(b) is charged with having committed a crime within that state prison; and
(c) will require defense counsel.
(2) Payment for indigent defense services shall be made from the Indigent Inmate Trust
Fund as provided in Section 
78B-22-602
.
(3) A contract under this part shall ensure that indigent defense services are provided in
a manner consistent with the [
minimum guidelines
] 
core principles
 described in Section
78B-22-301
.
(4) The county attorney or district attorney of a county of the third, fourth, fifth, or
sixth class shall function as the prosecuting entity.
(5) (a) A county of the third, fourth, fifth, or sixth class where a state prison is located
may impose an additional 
property
 tax levy by ordinance at .0001 per dollar of taxable value in
the county.
(b) If the county governing body imposes the additional 
property
 tax levy by ordinance,
the [
money
] 
revenue
 shall be deposited into the Indigent Inmate Trust Fund as provided in
Section 
78B-22-602
 to fund the purposes of this part.
(c) Upon notification that the fund has reached the amount specified in Subsection
78B-22-602
(6), a county shall deposit [
money
] 
revenue
 derived from the 
property tax
 levy 
after
the county receives the notice
 into a county account used exclusively to provide indigent
defense services.
(d) A county that chooses not to impose the additional levy by ordinance may not
receive any benefit from the Indigent Inmate Trust Fund.
Section 14. Section 
78B-22-801
 is enacted to read:
Part 8. Indigent Appellate Defense Division
 78B-22-801.
Definitions.
(1) (a) "Appellate defense services" means the representation of an indigent individual
facing an appeal under Section 
77-18a-1
.
(b) "Appellate defense services" does not include the representation of an indigent
individual facing an appeal in a case where the indigent individual was prosecuted for
aggravated murder.
(2) "Division" means the Indigent Appellate Defense Division created in Section
78B-22-802
.
Section 15. Section 
78B-22-802
 is enacted to read:
 78B-22-802.
Indigent Appellate Defense Division.
There is created the Indigent Appellate Defense Division within the Office of Indigent
Defense Services.
Section 16. Section 
78B-22-803
 is enacted to read:
 78B-22-803.
Powers and duties of the division.
(1) The division shall:
(a) provide appellate defense services in counties of the third, fourth, fifth, and sixth
class; and
(b) provide appellate defense services in accordance with the core principles adopted
by the commission under Section 
78A-22-404
 and any other state and federal standards for
appellate defense services.
(2) Upon consultation with the director and the commission, the division shall:
(a) adopt a budget for the division;
(b) adopt and publish on the commission's website:
(i) appellate performance standards;
(ii) case weighting standards; and
(iii) any other relevant measures or information to assist with appellate defense
services; and
(c) if requested by the commission, provide a report to the commission on:
(i) the provision of appellate defense services by the division;
(ii) the caseloads of appellate attorneys; and
(iii) any other information relevant to appellate defense services in the state.
(3) If the division provides appellate defense services to an indigent individual in an
indigent defense system, the division shall provide notice to the district court and the indigent
defense system that the division intends to be appointed as counsel for the indigent individual.
(4) The office shall assist with providing training and continual legal education on
appellate defense to indigent defense service providers in counties of the third, fourth, fifth, and
sixth class.
Section 17. Section 
78B-22-804
 is enacted to read:
 78B-22-804.
Chief appellate officer -- Qualifications -- Staff.
(1) (a) After consulting with the commission, the director shall appoint a chief
appellate officer.
(b) When appointing the chief appellate officer, the director shall give preference to an
individual with experience in adult criminal appellate defense representation.
(2) The chief appellate officer shall be an active member of the Utah State Bar with an
appropriate background and experience to serve as the chief appellate officer.
(3) The chief appellate officer shall carry out the duties of the division described in
Section 
78B-22-803
.
(4) The chief appellate officer shall:
(a) provide appellate defense services in a county of the third, fourth, fifth, or sixth
class;
(b) hire staff as necessary to carry out the duties of the division described in Section
78A-22-803
; and
(c) perform all other duties that are necessary for the division to carry out the division's
statutory duties.