General Provisions

Utah Code tit. 75E, ch. 75E-9, pt. 75E-9-P1

in effect

Utah Code § 75E-9-101 Definitions for chapter.

75E-9-101. Definitions for chapter. As used in this chapter: (1) "Account" means the Indigent Defense Resources Restricted Account created in Section 75E-9-202. (2) "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. (3) "Commission" means the Indigent Defense Commission created in Section 75E-9-102. (4) "Eligible county" means: (a) a county of the fourth, fifth, or sixth class, as described in Section 17-60-104; or (b) a county of the third class, as described in Section 17-60-104, if the county of the third class has no municipality with a population of 100,000 or more. (5) "Indigent defense resources" means the same as that term is defined in Section 78B-22-102. (6) "Indigent defense service provider" means the same as that term is defined in Section 78B-22-102. (7) "Indigent defense services" means the same as that term is defined in Section 78B-22-102. (8) "Indigent defense system" means the same as that term is defined in Section 78B-22-102. (9) "Indigent individual" means the same as that term is defined in Section 78B-22-102. (10) "Minor" means the same as that term is defined in Section 78B-22-102. (11) "Office" means the Office of Indigent Defense Services created in Section 75E-10-102. Enacted by Chapter 291, 2026 General Session

Utah Code § 75E-9-102 Indigent Defense Commission -- Creation -- Purpose.

75E-9-102. Indigent Defense Commission -- Creation -- Purpose. (1) There is created the Indigent Defense Commission within the department. (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 the office. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-9-103 Commission members -- Member qualifications -- Terms -- Vacancy.

75E-9-103. Commission members -- Member qualifications -- Terms -- Vacancy. (1) (a) The commission is composed of 15 members. (b) The governor, with the advice and consent of the Senate, and in accordance with Title 63G, Chapter 24, Part 2, Vacancies, shall appoint the following 11 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 who represents parents in child welfare cases, recommended by an entity funded under the Child Welfare Parental Representation Program created in Section 75E-10-502; (iv) one attorney representing minority interests recommended by the Utah Minority Bar Association; (v) one member recommended by the Utah Association of Counties from a county of the first or second class; (vi) one member recommended by the Utah Association of Counties from a county of the third through sixth class; (vii) a director of a county public defender organization recommended by the Utah Association of Criminal Defense Lawyers; (viii) two members recommended by the Utah League of Cities and Towns from the membership of the Utah League of Cities and Towns; and (ix) one retired judge recommended by the Judicial Council. (c) 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. (d) The Judicial Council shall appoint a member from the Administrative Office of the Courts. (e) The commissioner or the commissioner's designee is a 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: (a) have significant experience in: (i) indigent criminal defense; (ii) representing parents in child welfare cases; or (iii) juvenile defense in delinquency proceedings; or (b) have otherwise demonstrated a strong commitment to providing effective representation in indigent defense services. (5) 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, and in accordance with the same procedure, as the original appointment. (9) (a) The commission shall 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 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. (c) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-9-104 Powers and duties of the commission.

75E-9-104. Powers and duties of the commission. (1) The commission shall: (a) adopt 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 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 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) emphasize the importance of ensuring constitutionally effective indigent defense services; (d) encourage members of the judiciary to provide input regarding the delivery of indigent defense services; (e) oversee individuals and entities involved in providing indigent defense services; (f) manage county participation in the Indigent Aggravated Murder Defense Fund created in Section 75E-10-402; and (g) develop and oversee the provision of resources for minors to access legal advice when considering a nonjudicial adjustment. (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 chapter; (b) assign duties related to indigent defense services to the office to assist the commission with the commission's statutory duties; (c) request supplemental appropriations from the Legislature to address a deficit in the Indigent Inmate Fund created in Section 75E-10-302; and (d) request supplemental appropriations from the Legislature to address a deficit in the Child Welfare Parental Representation Fund created in Section 75E-10-504. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-9-105 Cooperation and participation with the commission.

75E-9-105. 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 291, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75E/Chapter9/75E-9-P1.html?v=C75E-9-P1_2026050620260701Fetched: 10/26/2026