reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 116 - Use or transfer of receivership property not in ordinary course of business.

Effective 5/9/2017
78B-21-116.
Use or transfer of receivership property not in ordinary course of business.
(1) As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(2) With court approval, a receiver may use receivership property other than in the ordinary course of business.
(3)
(a) With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition.
(b) Unless the agreement of sale provides otherwise, a sale under this section is:
(i) free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption; and
(ii) subject to a senior lien.
(4) A lien on receivership property that is extinguished by a transfer under Subsection (3) attaches to the proceeds of the transfer with the same validity, perfection, and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.
(5)
(a) A transfer under Subsection (3) may occur by means other than a public auction sale.
(b) A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.
(6) A reversal or modification of an order approving a transfer under Subsection (3) does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 118 - Defenses and immunities of receiver.

Effective 5/9/2017
78B-21-118.
Defenses and immunities of receiver.
(1) A receiver is entitled to all defenses and immunities provided by law of this state other than this chapter for an act or omission within the scope of the receiver's appointment.
(2) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 119 - Interim report of receiver.

Effective 5/9/2017
78B-21-119.
Interim report of receiver.
A receiver may file, or if ordered by the court shall file, an interim report that includes:
(1) the activities of the receiver since appointment or a previous report;
(2) receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
(3) receipts and dispositions of receivership property;
(4) fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and
(5) any other information required by the court.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 120 - Notice of appointment -- Claim against receivership -- Distribution to creditors.

Effective 5/9/2017
78B-21-120.
Notice of appointment -- Claim against receivership -- Distribution to creditors.
(1) Except as otherwise provided in Subsection (6), a receiver shall give notice of appointment of the receiver to creditors of the owner by:
(a) deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and
(b) publication as directed by the court.
(2)
(a) Except as otherwise provided in Subsection (6), the notice required by Subsection (1) must specify the date by which each creditor holding a claim against the owner that arose before appointment of the receiver must submit the claim to the receiver.
(b) The date specified must be at least 90 days after the later of the notice under Subsection (1)(a) or the last publication under Subsection (1)(b).
(c) The court may extend the period for submitting the claim.
(d) Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.
(3) A claim submitted by a creditor under this section must:
(a) state the name and address of the creditor;
(b) state the amount and basis of the claim;
(c) identify any property securing the claim;
(d) be signed by the creditor under penalty of perjury; and
(e) include a copy of any record on which the claim is based.
(4) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.
(5)
(a) At any time before entry of an order approving a receiver's final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection.
(b) The court shall allow or disallow the claim according to law of this state other than this chapter.
(6) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that:
(a) the receiver need not give notice under Subsection (1) of the appointment to all creditors of the owner, but only such creditors as the court directs; and
(b) unsecured creditors need not submit claims under this section.
(7) Subject to Section 78B-21-121:
(a) a distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor's priority under law of this state other than this chapter; and
(b) a distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to law of this state other than this chapter.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 121 - Fees and expenses.

Effective 5/9/2017
78B-21-121.
Fees and expenses.
(1) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.
(2) The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney fees and costs:
(a) a person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or
(b) a person whose conduct justified or would have justified the appointment of the receiver under Subsection 78B-21-106(1)(a).
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 122 - Removal of receiver -- Replacement -- Termination of receivership.

Effective 5/9/2017
78B-21-122.
Removal of receiver -- Replacement -- Termination of receivership.
(1) The court may remove a receiver for cause.
(2) The court shall replace a receiver that dies, resigns, or is removed.
(3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.
(4)
(a) The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership.
(b) If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:
(i) the fees and expenses of the receivership, including reasonable attorney fees and costs; and
(ii) actual damages caused by the appointment, including reasonable attorney fees and costs.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 123 - Final report of receiver -- Discharge.

Effective 5/9/2017
78B-21-123.
Final report of receiver -- Discharge.
(1) On completion of a receiver's duties, the receiver shall file a final report including:
(a) a description of the activities of the receiver in the conduct of the receivership;
(b) a list of receivership property at the commencement of the receivership and any receivership property received during the receivership;
(c) a list of disbursements, including payments to professionals engaged by the receiver;
(d) a list of dispositions of receivership property;
(e) a list of distributions made or proposed to be made from the receivership for creditor claims;
(f) if not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(g) any other information required by the court.
(2) If the court approves a final report filed under Subsection (1) and the receiver distributes all receivership property, the receiver is discharged.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 124 - Receivership in another state -- Ancillary proceeding.

Effective 5/9/2017
78B-21-124.
Receivership in another state -- Ancillary proceeding.
(1) The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if:
(a) the person or nominee would be eligible to serve as receiver under Section 78B-21-107; and
(b) the appointment furthers the person's possession, custody, control, or disposition of property subject to the receivership in the other state.
(2) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
(3) Unless the court orders otherwise, an ancillary receiver appointed under Subsection (1) has the rights, powers, and duties of a receiver appointed under this chapter.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 125 - Effect of enforcement by mortgagee.

Effective 5/9/2017
78B-21-125.
Effect of enforcement by mortgagee.
(1) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(a) make the mortgagee a mortgagee in possession of the real property;
(b) make the mortgagee an agent of the owner;
(c) constitute an election of remedies that precludes a later action to enforce the secured obligation;
(d) make the secured obligation unenforceable;
(e) limit any right available to the mortgagee with respect to the secured obligation;
(f) constitute an action within the meaning of Section 78B-6-901; or
(g) except as otherwise provided in Subsection (2), bar a deficiency judgment pursuant to law of this state other than this chapter governing or relating to a deficiency judgment.
(2) If a receiver sells receivership property that pursuant to Subsection 78B-21-116(3) is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to law of the state other than this chapter relating to a deficiency judgment.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 126 - Uniformity of application and construction.

Effective 5/9/2017
78B-21-126.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the law's subject matter among states that enact it.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 127 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/9/2017
78B-21-127.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 21 - Uniform Commercial Real Estate Receivership Act › Section 129 - Finality of orders.

Effective 5/9/2017
78B-21-129.
Finality of orders.
A court order that is entered pursuant to this chapter and that resolves a discrete factual dispute or legal issue is a final appealable order within the meaning of Utah Rules of Civil Procedure, Rule 54(a), unless expressly stated otherwise in the court order.
Enacted by Chapter 431, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
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) "Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights.
(5) "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.
(6) "Indigent defense resources" means the resources necessary to provide an effective defense for an indigent individual.
(7) "Indigent defense service provider" means an attorney or entity appointed to represent an indigent individual through:
(a) a contract with an indigent defense system to provide indigent defense services;
(b) an order issued by the court under Subsection 78B-22-203(2)(a); or
(c) direct employment with an indigent defense system.
(8) "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.
(9) "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.
(10) "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 (10)(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.
(11) "Minor" means the same as that term is defined in Section 80-1-102.
(12) "Office" means the Office of Indigent Defense Services created in Section 78B-22-451.
(13) "Participating county" means a county that complies with this chapter for participation in the Indigent Aggravated Murder Defense Fund as provided in Sections 78B-22-702 and 78B-22-703.
Amended by Chapter 281, 2022 General Session
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 2 - Appointment of Counsel › Section 201 - Right to counsel.

Effective 5/4/2022
78B-22-201.
Right to counsel.
(1) A court shall advise the following of the individual's right to counsel no later than the individual's first court appearance:
(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 an action initiated by the state under:
(i)Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;
(ii)Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
(iii)Title 80, Chapter 4, Termination and Restoration of Parental Rights;
(c) a parent or legal guardian facing an action initiated by any party under:
(i) Section 78B-6-112; or
(ii)Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
(d) an individual described in this Subsection (1), who is appealing 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.
Amended by Chapter 281, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 2 - Appointment of Counsel › Section 201.5 - Affidavit of indigency.

Effective 11/16/2021
78B-22-201.5.
Affidavit of indigency.
(1) Except as provided in Subsection (5), on or after January 1, 2022, an individual, who is seeking appointment of an indigent defense service provider, shall submit an affidavit of indigency described in Subsection (2) to the court.
(2) An affidavit of indigency shall include the following information:
(a) the individual's identifying information, including:
(i) the individual's legal name and any known aliases;
(ii) the individual's mobile or residential phone number;
(iii) the individual's residential address; and
(iv) the individual's date of birth; and
(b) the individual's financial information, including:
(i) any financial support or benefit that the individual receives from a state or federal government;
(ii) the individual's monthly income, including any alimony or child support that contributes to the individual's monthly income;
(iii) the individual's monthly expenses, including any alimony or child support obligation that the individual is responsible for paying;
(iv) the individual's ownership of, or any interest in, personal or real property, including any savings or checking accounts or cash;
(v) the number, ages, and relationships of any dependents; and
(vi) any extraordinary financial conditions that would prevent the individual from retaining private counsel.
(3) The affidavit of indigency shall:
(a) require the signature of the individual; and
(b) include a statement that:
(i) by signing the affidavit the individual confirms that, to the best of the individual's knowledge, the information in the affidavit is true;
(ii) the individual may be subject to a criminal penalty for a written false statement under Section 76-8-504;
(iii) the individual authorizes an indigent defense system to contact or request information from the individual or a third party to verify whether an individual is indigent; and
(iv) the individual may be ordered to pay the cost of the individual's indigent defense services if a court determines that the individual is not indigent.
(4) The Judicial Council or Supreme Court shall adopt an affidavit of indigency form described in Subsection (2) to be distributed to an individual seeking the appointment of an indigent defense service provider.
(5) This section does not apply to a minor, who is appointed an indigent defense service provider, or the minor's parent or legal guardian.
Enacted by Chapter 4, 2021 Special Session 2
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 2 - Appointment of Counsel › Section 202 - Determining indigency.

Effective 11/16/2021
78B-22-202.
Determining indigency.
(1) A court shall find an individual indigent if the individual:
(a) has an income level at or below 150% of the United States poverty level as defined by the most recent poverty income guidelines published by the United States Department of Health and Human Services; or
(b) has insufficient income or other means to pay for legal counsel and the necessary expenses of representation without depriving the individual or the individual's family of food, shelter, clothing, or other necessities, considering:
(i) the individual's ownership of, or any interest in, personal or real property;
(ii) the amount of debt owed by the individual or that might reasonably be incurred by the individual because of illness or other needs within the individual's family;
(iii) the number, ages, and relationships of any dependents;
(iv) the probable expense and burden of defending the case;
(v) the reasonableness of fees and expenses charged by an attorney and the scope of representation undertaken when represented by privately retained defense counsel; and
(vi) any other factor the court considers relevant.
(2) Notwithstanding Subsection (1), a court may not find an individual indigent if the individual transferred or otherwise disposed of assets since the commission of the offense with the intent of becoming eligible to receive indigent defense services.
(3)
(a) The court may:
(i) make a finding of indigency at any time; and
(ii) rely on information contained in an affidavit of indigency described in Section 78B-22-201.5 in making a finding about whether an individual is an indigent individual.
(b) An individual's inability to submit, or to provide the information required in, an affidavit of indigency under Section 78B-22-201.5 does not preclude a court from:
(i) making a finding about whether an individual is an indigent individual under this section; or
(ii) appointing an indigent defense service provider under Section 78B-22-203.
Amended by Chapter 4, 2021 Special Session 2
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 2 - Appointment of Counsel › Section 204 - Waiver by a minor.

Effective 5/5/2021
78B-22-204.
Waiver by a minor.
A minor may not waive the right to be represented by counsel at all stages of court proceedings unless:
(1) the minor has consulted with counsel; and
(2) the court is satisfied that in light of the minor's unique circumstances and attributes:
(a) the minor's waiver is knowing and voluntary; and
(b) the minor understands the consequences of the waiver.
Amended by Chapter 124, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 3 - Indigent Defense Systems and Services › Section 301 - Standards for indigent defense systems -- Written report.

Effective 5/12/2020
78B-22-301.
Standards for indigent defense systems -- Written report.
(1) An indigent defense system shall provide indigent defense services for an indigent individual in accordance with the core principles adopted by the commission under Section 78B-22-404.
(2)
(a) On or before March 30 of each year, all indigent defense systems shall submit a written report to the commission that describes each indigent defense system's compliance with the commission's core principles.
(b) If an indigent defense system fails to submit a timely report under Subsection (2)(a), the indigent defense system is disqualified from receiving a grant from the commission for the following calendar year.
Amended by Chapter 371, 2020 General Session
Amended by Chapter 392, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 3 - Indigent Defense Systems and Services › Section 302 - Compensation for indigent defense services.

Effective 5/3/2023
78B-22-302.
Compensation for indigent defense services.
(1) An indigent defense system shall fund indigent defense services ordered by a court under Section 78B-22-203.
(2) An indigent defense system shall ensure that there are adequate funds for indigent defense resources when a court orders indigent defense services under Section 78B-22-203.
Amended by Chapter 182, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 3 - Indigent Defense Systems and Services › Section 303 - Pro bono provision of indigent defense services -- Liability limits.

Effective 5/14/2019
78B-22-303.
Pro bono provision of indigent defense services -- Liability limits.
A defense attorney is immune from suit if the defense attorney provides indigent defense services to an indigent individual:
(1) at no cost; and
(2) without gross negligence or willful misconduct.
Enacted by Chapter 326, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 3 - Indigent Defense Systems and Services › Section 304 - Reimbursement for indigent defense services.

Effective 5/14/2019
78B-22-304.
Reimbursement for indigent defense services.
A court may order a parent or legal guardian of a minor who is appointed indigent defense services under this chapter to reimburse the cost of the minor's indigent defense services, as determined by the court, unless the court finds the parent or legal guardian indigent under Section 78B-22-202.
Enacted by Chapter 326, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4 - Utah Indigent Defense Commission › Section 401 - Utah Indigent Defense Commission -- Creation -- Purpose.

Effective 5/12/2020
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.
(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 of Indigent Defense Services, created in Section 78B-22-451, with carrying out the statutory duties assigned to the commission and the Office of Indigent Defense Services.
Amended by Chapter 371, 2020 General Session
Amended by Chapter 392, 2020 General Session
Amended by Chapter 395, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4 - Utah Indigent Defense Commission › Section 405 - Indigent Defense Resources Restricted Account -- Administration.

Effective 5/12/2020
78B-22-405.
Indigent Defense Resources Restricted Account -- Administration.
(1)
(a) There is created within the General Fund a restricted account known as the "Indigent Defense Resources Restricted Account."
(b) Appropriations from the account are nonlapsing.
(2) The account consists of:
(a) money appropriated by the Legislature based upon recommendations from the commission consistent with principles of shared state and local funding;
(b) any other money received by the commission from any source to carry out the purposes of this part; and
(c) any interest and earnings from the investment of account money.
(3) The commission shall administer the account and, subject to appropriation, disburse money from the account for the following purposes:
(a) to establish and maintain a statewide indigent defense data collection system;
(b) to establish and administer a grant program to provide grants of state money and other money to indigent defense systems as set forth in Section 78B-22-406;
(c) to provide training and continuing legal education for indigent defense service providers; and
(d) for administrative costs.
Amended by Chapter 392, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4 - Utah Indigent Defense Commission › Section 406 - Indigent defense services grant program.

Effective 5/4/2022
78B-22-406.
Indigent defense services grant program.
(1) The commission may award grants:
(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) The commission may use grant money:
(a) to assist an indigent defense system to provide indigent defense services that meet the commission's core principles for the effective representation of indigent individuals;
(b) to establish and maintain local indigent defense data collection systems;
(c) to provide indigent defense services in addition to indigent defense services that are currently being provided by an indigent defense system;
(d) to provide training and continuing legal education for indigent defense service providers;
(e) to assist indigent defense systems with appeals from juvenile court proceedings;
(f) to pay for indigent defense resources and costs and expenses for parental representation attorneys as described in Subsection 78B-22-804(2); and
(g) to reimburse an indigent defense system for the cost of providing indigent defense services in an action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, if the indigent defense system has complied with the commission's policies and procedures for reimbursement.
(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)
(i) a grant from the commission is necessary for the indigent defense system to meet the commission's core principles for the effective representation of indigent individuals; or
(ii) the indigent defense system shall use the grant in an innovative manner that meets the commission's 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 core principles for the effective representation of indigent individuals.
Amended by Chapter 281, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4 - Utah Indigent Defense Commission › Section 407 - Cooperation and participation with the commission.

Effective 5/14/2019
78B-22-407.
Cooperation and participation with the commission.
Indigent defense systems and indigent defense service providers shall cooperate and participate with the commission in the collection of data, investigation, audit, and review of indigent defense services.
Renumbered and Amended by Chapter 326, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4a - Office of Indigent Defense Services › Section 451 - Office of Indigent Defense Services -- Creation.

Effective 5/5/2021
78B-22-451.
Office of Indigent Defense Services -- Creation.
There is created under the commission the Office of Indigent Defense Services.
Amended by Chapter 235, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4a - Office of Indigent Defense Services › Section 453 - Executive director -- Qualifications -- Staff.

Effective 5/5/2021
78B-22-453.
Executive director -- Qualifications -- Staff.
(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 commission shall give preference to an individual with experience in adult criminal defense, representing parents in child welfare cases, or in juvenile delinquency defense.
(5) When hiring the assistant director, the executive director shall give preference to an individual with experience in adult criminal defense, representing parents in child welfare cases, or in juvenile delinquency defense.
Amended by Chapter 228, 2021 General Session
Amended by Chapter 235, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4a - Office of Indigent Defense Services › Section 454 - Defense of indigent inmates.

Effective 5/4/2022
78B-22-454.
Defense of indigent inmates.
(1) The office shall pay for indigent defense services for indigent inmates from the Indigent Inmate Fund created in Section 78B-22-455.
(2) A contract under this part shall ensure that indigent defense services are provided in a manner consistent with the core principles described in Section 78B-22-404.
(3) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth class shall function as the prosecuting entity.
(4)
(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 revenue shall be deposited into the Indigent Inmate Fund as provided in Section 78B-22-455 to fund the purposes of this part.
(c) Upon notification that the fund has reached the amount specified in Subsection 78B-22-455(6), a county shall deposit 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 Fund.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 4a - Office of Indigent Defense Services › Section 455 - Indigent Inmate Fund.

Effective 5/4/2022
78B-22-455.
Indigent Inmate Fund.
(1) There is created a custodial fund known as the "Indigent Inmate Fund" to be disbursed by the office in accordance with contracts entered into under Subsection 78B-22-452(1)(g).
(2) Money deposited into this fund shall only be used:
(a) to pay indigent defense services for an indigent inmate who:
(i) 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;
(ii) is charged with having committed a crime within that state prison; and
(iii) has been appointed counsel in accordance with Section 78B-22-203; and
(b) to cover costs of administering the Indigent Inmate Fund.
(3) The fund consists of:
(a) proceeds received from counties that impose the additional tax levy by ordinance under Subsection 78B-22-454(4), which shall be the total county obligation for payment of costs listed in Subsection (2) for defense services for indigent inmates;
(b) appropriations made to the fund by the Legislature; and
(c) interest and earnings from the investment of fund money.
(4) Fund money shall be invested by the state treasurer with the earnings and interest accruing to the fund.
(5)
(a) In any calendar year in which the fund has insufficient funding, or is projected to have insufficient funding, the commission shall request a supplemental appropriation from the Legislature in the following general session to provide sufficient funding.
(b) The state shall pay any or all of the reasonable and necessary money to provide sufficient funding into the Indigent Inmate Fund.
(6) The fund is capped at $1,000,000.
(7) The office shall notify the contributing counties when the fund approaches $1,000,000 and provide each county with the amount of the balance in the fund.
(8) Upon notification by the office that the fund is near the limit imposed in Subsection (6), the counties may contribute enough money to enable the fund to reach $1,000,000 and discontinue contributions until notified by the office that the balance has fallen below $1,000,000, at which time counties that meet the requirements of Section 78B-22-454 shall resume contributions.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 5 - Indigent Defense Funds Board › Section 501 - Indigent Defense Funds Board -- Members -- Administrative support.

Effective 5/4/2022
78B-22-501.
Indigent Defense Funds Board -- Members -- Administrative support.
(1) As used in this part, "fund" means the Indigent Aggravated Murder Defense Fund created in Section 78B-22-701.
(2) There is created the Indigent Defense Funds Board within the Division of Finance.
(3) The board is composed of the following nine members:
(a) two members who are current commissioners or county executives of participating counties appointed by the board of directors of the Utah Association of Counties;
(b) one member at large appointed by the board of directors of the Utah Association of Counties;
(c) two members who are current county attorneys of participating counties appointed by the Utah Prosecution Council;
(d) the director of the Division of Finance or the director's designee;
(e) one member appointed by the Administrative Office of the Courts; and
(f) two members who are private attorneys engaged in or familiar with the criminal defense practice appointed by the members of the board listed in Subsections (3)(a) through (e).
(4) Members appointed under Subsection (3)(a), (b), (c), or (f) shall serve four-year terms.
(5) A vacancy is created if a member appointed under:
(a) Subsection (3)(a) no longer serves as a county commissioner or county executive; or
(b) Subsection (3)(c) no longer serves as a county attorney.
(6) 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.
(7) The Division of Finance may provide administrative support and may seek payment for the costs or the board may contract for administrative support to be paid from the fund.
(8) 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 Sections 63A-3-106 and 63A-3-107.
(9) The fund shall pay per diem and expenses for board members.
(10) Five members shall constitute a quorum and, if a quorum is present, the action of a majority of the members present shall constitute the action of the board.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 5 - Indigent Defense Funds Board › Section 502 - Duties of board.

Effective 5/12/2020
78B-22-502.
Duties of board.
(1) The board shall:
(a) establish rules and procedures for the application by a county for disbursements, and the screening and approval of the applications for money from the fund;
(b) receive, screen, and approve, or disapprove the application of a county for disbursements from the fund;
(c) calculate the amount of the annual contribution to be made to the fund by each participating county;
(d) prescribe forms for the application for money from the fund;
(e) oversee and approve the disbursement of money from the fund as described in Section 78B-22-701;
(f) establish the board's own rules of procedure, elect the board's own officers, and appoint committees of the board's members and other people as may be reasonable and necessary; and
(g) negotiate, enter into, and administer contracts with legal counsel, qualified under and meeting the standards consistent with this chapter, to provide indigent defense services to an indigent individual prosecuted in a participating county for an offense involving aggravated murder.
(2) The board may provide to the court a list of attorneys qualified under Utah Rules of Criminal Procedure, Rule 8, with which the board has a preliminary contract to provide indigent defense services for an assigned rate.
Amended by Chapter 392, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 7 - Indigent Aggravated Murder Defense Fund › Section 701 - Establishment of Indigent Aggravated Murder Defense Fund -- Use of fund -- Compensation for indigent legal defense from fund.

Effective 5/3/2023
78B-22-701.
Establishment of Indigent Aggravated Murder Defense Fund -- Use of fund -- Compensation for indigent legal defense from fund.
(1) As used in this part, "fund" means the Indigent Aggravated Murder Defense Fund.
(2)
(a) There is established a custodial fund known as the "Indigent Aggravated Murder Defense Fund."
(b) The Division of Finance shall disburse money from the fund at the direction of the board and subject to this chapter.
(3) The fund consists of:
(a) money received from participating counties as provided in Sections 78B-22-702 and 78B-22-703;
(b) appropriations made to the fund by the Legislature as provided in Section 78B-22-703; and
(c) interest and earnings from the investment of fund money.
(4) The state treasurer shall invest fund money with the earnings and interest accruing to the fund.
(5) The fund shall be used to assist participating counties with expenses for indigent defense services, as provided in Subsection (6), to fulfill the constitutional and statutory mandates for the provision of constitutionally effective defense for indigent individuals prosecuted for the violation of state laws in cases involving aggravated murder.
(6) Money allocated to or deposited into the fund is used only:
(a) to reimburse participating counties for expenses incurred for indigent defense services provided to an indigent individual, other than a state inmate in a state prison, who is prosecuted for aggravated murder in a participating county; and
(b) for administrative costs pursuant to Section 78B-22-501.
Amended by Chapter 182, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 7 - Indigent Aggravated Murder Defense Fund › Section 702 - County participation.

Effective 5/3/2023
78B-22-702.
County participation.
(1)
(a) A county may participate in the fund subject to the provisions of this chapter.
(b) A county that does not participate in the fund, or is not current in the county's assessments for the fund, is ineligible to receive money from the fund.
(c) The board may revoke a county's participation in the fund if the county fails to pay the county's assessments when due.
(2) To participate in the fund, the legislative body of a county shall:
(a) adopt a resolution approving participation in the fund and committing that county to fulfill the assessment requirements as set forth in Subsection (3) and Section 78B-22-703; and
(b) submit a certified copy of that resolution together with an application to the board.
(3) By January 15 of each year, a participating county shall contribute to the fund an amount computed in accordance with Section 78B-22-703.
(4) A participating county may withdraw from participation in the fund upon:
(a) adoption by the county's legislative body of a resolution to withdraw; and
(b) notice to the board by January 1 of the year before withdrawal.
(5) A county withdrawing from participation in the fund, or whose participation in the fund has been revoked for failure to pay the county's assessments when due, shall forfeit the right to:
(a) any previously paid assessment;
(b) relief from the county's obligation to pay the county's assessment during the period of the county's participation in the fund; and
(c) any benefit from the fund, including reimbursement of costs that accrued after the last day of the period for which the county has paid the county's assessment.
Amended by Chapter 182, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 7 - Indigent Aggravated Murder Defense Fund › Section 703 - County and state obligations.

Effective 5/3/2023
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 the county's population to the total population of all participating counties and of the percent of the county's 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 is equal to or greater than 50 cents per person of all counties participating.
(c) The amount paid by a participating county under this Subsection (1) is the total county obligation for payment of costs in accordance with 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 is 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.
(7) The state shall pay any or all of the reasonable and necessary money for the deficit into the fund.
Amended by Chapter 182, 2023 General Session