reglab/housing_qa huggingface dataset:
UT Code § 78B-22-703 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 703 - County and state obligations.

 Effective 5/14/2019  78B-22-703. County and state obligations.    (1)   (a) Except as provided in Subsection (1)(b), a participating county shall pay into the fund annually an amount calculated by multiplying the average of the percent of its population to the total population of all participating counties and of the percent its taxable value of the locally and centrally assessed property located within that county to the total taxable value of the locally and centrally assessed property to all participating counties by the total fund assessment for that year to be paid by all participating counties as is determined by the board to be sufficient such that it is unlikely that a deficit will occur in the fund in any calendar year.     (b) The fund minimum shall be equal to or greater than 50 cents per person of all counties participating.     (c) The amount paid by a participating county pursuant to this Subsection (1) shall be the total county obligation for payment of costs pursuant to Section 78B-22-701.       (2)   (a) A county that elects to initiate participation in the fund, or reestablish participation in the fund after participation was terminated, is required to make an equity payment in addition to the assessment required by Subsection (1).     (b) The equity payment shall be determined by the board and represent what the county's equity in the fund would be if the county had made assessments into the fund for each of the previous two years.       (3) If the fund balance after contribution by the state and participating counties is insufficient to replenish the fund annually to at least $250,000, the board by a majority vote may terminate the fund.     (4) If the fund is terminated, the remaining money shall continue to be administered and disbursed in accordance with the provision of this chapter until exhausted, at which time the fund shall cease to exist.     (5)   (a) If the fund runs a deficit during any calendar year, the state is responsible for the deficit.     (b) In the calendar year following a deficit year, the board shall increase the assessment required by Subsection (1) by an amount at least equal to the deficit of the previous year, which combined amount becomes the base assessment until another deficit year occurs.       (6) In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the board shall request a supplemental appropriation to pay for the deficit from the Legislature in the following general session. The state shall pay any or all of the reasonable and necessary money for the deficit into the fund.    Renumbered and Amended by Chapter 326, 2019 General Session
UT Code § 78B-22-704 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 704 - Application and qualification for fund money.

 Effective 5/14/2019  78B-22-704. Application and qualification for fund money.    (1) A participating county may apply to the board for benefits from the fund if that county has incurred, or reasonably anticipates incurring, expenses in the defense of an indigent individual for an offense involving aggravated murder.     (2) An application may not be made nor benefits provided from the fund for a case filed before September 1, 1998.     (3) If the application of a participating county is approved by the board, the board shall negotiate, enter into, and administer a contract with counsel for the indigent individual and costs incurred for the defense of that indigent individual, including fees for counsel and reimbursement for indigent defense services incurred by an indigent defense service provider.     (4) A nonparticipating county is responsible for paying for indigent defense services in the nonparticipating county and is not eligible for any legislative relief.    Renumbered and Amended by Chapter 326, 2019 General Session
UT Code § 78B-22-801 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 801 - Definitions.

 Effective 5/12/2020  Superseded 5/5/2021  78B-22-801. Definitions.  As used in this part:  (1) "Child welfare case" means a proceeding under Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 5, Termination of Parental Rights Act.     (2) "Contracted parental defense attorney" means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county.     (3) "Contributing county" means a county that complies with this part for participation in the Child Welfare Parental Defense Fund described in Section 78B-22-804.     (4) "Fund" means the Child Welfare Parental Defense Fund created in Section 78B-22-804.     (5) "Program" means the Child Welfare Parental Defense Program created in Section 78B-22-802.
UT Code § 78B-22-802 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 802 - Child Welfare Parental Defense Program -- Creation -- Duties -- Annual report -- Budget.

 Effective 5/12/2020  Superseded 5/5/2021  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 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 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.
UT Code § 78B-22-803 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 803 - Child welfare parental defense contracts.

 Effective 5/12/2020  Superseded 5/5/2021  78B-22-803. Child welfare parental defense contracts.    (1)   (a) The office may enter into a contract with an attorney to provide indigent defense services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires indigent defense services under Section 78A-6-1111.     (b) The office shall make payment for the representation, costs, and expenses of a contracted parental defense attorney from the Child Welfare Parental Defense Fund in accordance with Section 78B-22-804.       (2)   (a) Except as provided in Subsection (2)(b), a contracted parental defense attorney shall:   (i) complete a basic training course provided by the office;     (ii) provide parental defense services consistent with the commission's core principles described in Section 78B-22-404;     (iii) have experience in child welfare cases; and     (iv) participate each calendar year in continuing legal education courses providing no fewer than eight hours of instruction in child welfare law.       (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may, by rule, exempt from the requirements of Subsection (2)(a) an attorney who has equivalent training or adequate experience.
UT Code § 78B-22-901 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 901 - Definitions.

 Effective 5/12/2020  78B-22-901. 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-22-902.    Enacted by Chapter 371, 2020 General Session  Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
UT Code § 78B-22-902 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 902 - Indigent Appellate Defense Division.

 Effective 5/12/2020  78B-22-902. Indigent Appellate Defense Division.  There is created the Indigent Appellate Defense Division within the Office of Indigent Defense Services. Enacted by Chapter 371, 2020 General Session  Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
UT Code § 78B-22-903 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 903 - Powers and duties of the division.

 Effective 5/12/2020  Superseded 5/5/2021  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 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.
UT Code § 78B-22-904 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 7 - Indigent Aggravated Murder Defense Trust Fund|Section 904 - Chief appellate officer -- Qualifications -- Staff.

 Effective 5/12/2020  Superseded 5/5/2021  78B-22-904. 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-22-903.     (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.
UT Code § 78B-22-801 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 8 - Child Welfare Parental Representation Program|Section 801 - Definitions.

 Effective 9/1/2021  78B-22-801. Definitions.  As used in this part:  (1) "Contracted parental representation attorney" means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county.     (2) "Contributing county" means a county that complies with this part for participation in the fund described in Section 78B-22-804.     (3) "Fund" means the Child Welfare Parental Representation Fund created in Section 78B-22-804.     (4) "Program" means the Child Welfare Parental Representation Program created in Section 78B-22-802.    Amended by Chapter 228, 2021 General SessionAmended by Chapter 262, 2021 General SessionAmended by Chapter 262, 2021 General Session, (Coordination Clause)
UT Code § 78B-22-802 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 8 - Child Welfare Parental Representation Program|Section 802 - Child Welfare Parental Representation Program -- Creation -- Duties -- Annual report -- Budget.

 Effective 5/5/2021  78B-22-802. Child Welfare Parental Representation Program -- Creation -- Duties -- Annual report -- Budget.    (1) There is created within the office the Child Welfare Parental Representation 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 representation attorneys; and     (iv) provide information and advice to assist a contracted parental representation 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.      Amended by Chapter 228, 2021 General SessionAmended by Chapter 235, 2021 General Session
UT Code § 78B-22-803 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 8 - Child Welfare Parental Representation Program|Section 803 - Child welfare parental defense contracts.

 Effective 9/1/2021  78B-22-803. Child welfare parental defense contracts.    (1)   (a) The office may enter into a contract with an attorney to provide indigent defense services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires indigent defense services under Section 80-3-104.     (b) The office shall make payment for the representation, costs, and expenses of a contracted parental representation attorney from the fund in accordance with Section 78B-22-804.       (2)   (a) Except as provided in Subsection (2)(b), a contracted parental representation attorney shall:   (i) complete a basic training course provided by the office;     (ii) provide parental representation services consistent with the commission's core principles described in Section 78B-22-404;     (iii) have experience in child welfare cases; and     (iv) participate each calendar year in continuing legal education courses providing no fewer than eight hours of instruction in child welfare law.       (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may, by rule, exempt from the requirements of Subsection (2)(a) an attorney who has equivalent training or adequate experience.      Amended by Chapter 228, 2021 General SessionAmended by Chapter 262, 2021 General Session
UT Code § 78B-22-804 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 8 - Child Welfare Parental Representation Program|Section 804 - Child Welfare Parental Representation Fund -- Contracts for coverage by the fund.

 Effective 5/5/2021  78B-22-804. Child Welfare Parental Representation Fund -- Contracts for coverage by the fund.    (1) There is created an expendable special revenue fund known as the "Child Welfare Parental Representation Fund."     (2) Subject to availability, the office may make distributions from the fund for the following purposes:   (a) to pay for indigent defense resources for contracted parental representation attorneys;     (b) for administrative costs of the program; and     (c) for reasonable expenses directly related to the functioning of the program, including training and travel expenses.       (3) The fund consists of:   (a) appropriations made to the fund by the Legislature;     (b) interest and earnings from the investment of fund money;     (c) proceeds deposited by contributing counties under this section; and     (d) private contributions to the fund.       (4) The state treasurer shall invest the money in the fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act.     (5)   (a) If the office anticipates a deficit in the fund during a fiscal year:   (i) the commission may request an appropriation from the Legislature; and     (ii) the Legislature may fund the anticipated deficit through appropriation.       (b) If the anticipated deficit is not funded by the Legislature under Subsection (5)(a), the office may request an interim assessment from contributing counties as described in Subsection (6) to fund the anticipated deficit.       (6)   (a) A county legislative body and the office may annually enter into a contract for the office to provide indigent defense services for a parent in a child welfare case in the county out of the fund.     (b) A contract described in Subsection (6)(a) shall:   (i) require the contributing county described in Subsection (6)(a) to pay into the fund an amount defined by a formula established by the commission; and     (ii) provide for revocation of the contract for the contributing county's failure to pay the assessment described in Subsection (5) on the due date established by the commission.         (7) After the first year of operation of the fund, a contributing county that enters into a contract under Subsection (6) to initiate or reestablish participation in the fund is required to make an equity payment in the amount determined by the commission, in addition to the assessment described in Subsection (5).     (8) A contributing county that withdraws from participation in the fund, or whose participation in the fund is revoked as described in Subsection (6) for failure to pay the contributing county's assessment when due, shall forfeit any right to any previously paid assessment by the contributing county or coverage from the fund.    Amended by Chapter 228, 2021 General Session
UT Code § 78B-22-901 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 9 - Indigent Appellate Defense Division|Section 901 - Definitions.

 Effective 5/12/2020  78B-22-901. 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-22-902.    Enacted by Chapter 371, 2020 General Session  Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
UT Code § 78B-22-902 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 9 - Indigent Appellate Defense Division|Section 902 - Indigent Appellate Defense Division.

 Effective 5/12/2020  78B-22-902. Indigent Appellate Defense Division.  There is created the Indigent Appellate Defense Division within the Office of Indigent Defense Services. Enacted by Chapter 371, 2020 General Session  Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
UT Code § 78B-22-903 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 9 - Indigent Appellate Defense Division|Section 903 - Powers and duties of the division.

 Effective 5/5/2021  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.    Amended by Chapter 235, 2021 General Session
UT Code § 78B-22-904 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 22 - Indigent Defense Act|Part 9 - Indigent Appellate Defense Division|Section 904 - Chief appellate officer -- Qualifications -- Staff.

 Effective 5/5/2021  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.      Amended by Chapter 235, 2021 General Session