Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 105 (2021GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• changes the term "director" to "executive director" in Title 78B, Chapter 22, Indigent Defense Act;
• provides that the Office of Indigent Defense Services is created under the Utah Indigent Defense Commission;
• provides that the Utah Indigent Defense Commission shall appoint, and may remove, the executive director of the Office of Indigent Defense Services by a majority vote of the commission; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INDIGENT DEFENSE COMMISSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill amends provisions relating to the Utah Indigent Defense Commission.
Highlighted Provisions:
This bill:
▸ changes the term "director" to "executive director" in Title 78B, Chapter 22,
Indigent Defense Act;
▸ provides that the Office of Indigent Defense Services is created under the Utah
Indigent Defense Commission;
▸ provides that the Utah Indigent Defense Commission shall appoint, and may
remove, the executive director of the Office of Indigent Defense Services by a
majority vote of the commission; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-22-102
, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
78B-22-451
, as enacted by Laws of Utah 2020, Chapters 371, 392, 395 and last
amended by Coordination Clause, Laws of Utah 2020, Chapters 392, and 395
78B-22-453
, as renumbered and amended by Laws of Utah 2020, Chapters 371, 392,
395 and last amended by Coordination Clause, Laws of Utah 2020, Chapters 392, and 395
78B-22-802
, as renumbered and amended by Laws of Utah 2020, Chapter 395
78B-22-903
, as enacted by Laws of Utah 2020, Chapter 371
78B-22-904
, as enacted by Laws of Utah 2020, Chapter 371
Be it enacted by the Legislature of the state of Utah:
Section 1. 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"
] 
"Executive director"
 means the 
executive
 director of the Office of
Indigent Defense Services, created in Section 
78B-22-451
, who is appointed in accordance
with Section 
78B-22-453
.
(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.
(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).
(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.
(8) "Indigent defense system" means:
(a) a city or town that is responsible for providing indigent defense services;
(b) a county that is responsible for providing indigent defense services in the district
court, juvenile court, 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.
(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 (9)(a), who is appealing 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
.
(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
.
(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 2. Section 
78B-22-451
 is amended to read:
78B-22-451.
Office of Indigent Defense Services -- Creation.
There is created [
the Office of Indigent Defense Services within the State Commission
on Criminal and Juvenile Justice
] 
under the commission the Office of Indigent Defense
Services
.
Section 3. Section 
78B-22-453
 is amended to read:
78B-22-453.
Executive director -- Qualifications -- Staff.
[
(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
.
]
(1) The commission:
(a) shall appoint the executive director, by a majority vote of the commission, to carry
out the duties of the office described in Section 
78B-22-452
; and
(b) may remove the executive director by majority vote of the commission.
(2) The 
executive
 director shall be an active member of the Utah State Bar with an
appropriate background and experience to serve as the full-time 
executive
 director.
(3) The 
executive
 director shall hire staff as necessary to carry out the duties of the
office as 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.
(4) When appointing the 
executive
 director of the office under Subsection (1), the
[
executive director of the State Commission on Criminal and Juvenile Justice
] 
commission
shall give preference to an individual with experience in adult criminal defense, child welfare
parental defense, or juvenile delinquency defense.
(5) When hiring the assistant director, the 
executive
 director shall give preference to an
individual with experience in adult criminal defense, child welfare parental defense, or juvenile
delinquency defense.
Section 4. Section 
78B-22-802
 is amended to read:
78B-22-802.
Child Welfare Parental Defense Program -- Creation -- Duties --
Annual report -- Budget.
(1) There is created within the office the Child Welfare Parental Defense Program.
(2) (a) The office shall:
(i) administer and enforce the program in accordance with this part;
(ii) manage the operation and budget of the program;
(iii) develop and provide educational and training programs for contracted parental
defense attorneys; and
(iv) provide information and advice to assist a contracted parental defense attorney to
comply with the attorney's professional, contractual, and ethical duties.
(b) In administering the program, the office shall contract with:
(i) a person who is qualified to perform the program duties under this section; and
(ii) an attorney, as an independent contractor, in accordance with Section 
78B-22-803
.
(3) (a) The 
executive
 director shall prepare a budget of:
(i) the administrative expenses for the program; and
(ii) the amount estimated to fund needed contracts and other costs.
(b) On or before October 1 of each year, the 
executive
 director shall report to the
governor and the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year
on the operations, activities, and goals of the program.
Section 5. Section 
78B-22-903
 is amended to read:
78B-22-903.
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 
78B-22-404
 and any other state and federal standards for
appellate defense services.
(2) Upon consultation with the 
executive
 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 6. Section 
78B-22-904
 is amended to read:
78B-22-904.
Chief appellate officer -- Qualifications -- Staff.
(1) (a) After consulting with the commission, the 
executive
 director shall appoint a
chief appellate officer.
(b) When appointing the chief appellate officer, the 
executive
 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-22-903
.
(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
78B-22-903
; and
(c) perform all other duties that are necessary for the division to carry out the division's
statutory duties.