Title 78B - Judicial Code - Chapter 22 - Indigent Defense Act - Part 4 - Utah Indigent Defense Commission - Section 402 - Commission members -- Member qualifications -- Terms -- Vacancy. (Effective 1/1/2021)


Published: 2021-01-01

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Utah Code

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Effective 1/1/2021 Superseded 5/5/2021 78B-22-402 Commission members -- Member qualifications -- Terms -- Vacancy.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 practicing in the area of parental defense, recommended by an entity funded

under the Child Welfare Parental Defense Program created in Section 78B-22-802; (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 its

membership; 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 executive director of the State Commission on Criminal and Juvenile Justice or the

executive director'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 have significant experience in indigent criminal

defense , parental defense, or juvenile defense in delinquency proceedings or have otherwise demonstrated a strong commitment to providing effective representation in indigent defense services.

(5) An individual who is currently employed solely as a criminal prosecuting attorney may not serve as a member of the commission .

(6) A commission member shall hold office until the member's successor is appointed. (7) The commission may remove a member for incompetence, dereliction of duty, malfeasance,

misfeasance, or nonfeasance in office, or for any other good cause. (8) If a vacancy occurs in the membership for any reason, a replacement shall be appointed for the

remaining unexpired term in the same manner as the original appointment. (9)

(a) The commission shall elect annually a chair from the commission's membership to serve a one-year term.

Utah Code

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(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.