78B-22-102.  Definitions.
     As used in this chapter:

(1)  “Account” means the Indigent Defense Resources Restricted Account created in Section 78B-22-405.

Terms Used In Utah Code 78B-22-102

  • Account: means the Indigent Defense Resources Restricted Account created in Section 78B-22-405. See Utah Code 78B-22-102
  • Board: means the Indigent Defense Funds Board created in Section 78B-22-501. See Utah Code 78B-22-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Utah Indigent Defense Commission created in Section 78B-22-401. See Utah Code 78B-22-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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. See Utah Code 78B-22-102
  • Indigent defense resources: means the resources necessary to provide an effective defense for an indigent individual. See Utah Code 78B-22-102
  • 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. See Utah Code 78B-22-102
  • 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. See Utah Code 78B-22-102
  • 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. See Utah Code 78B-22-102
  • 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. See Utah Code 78B-22-102
  • Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-22-102
  • Office: means the Office of Indigent Defense Services created in Section 78B-22-451. See Utah Code 78B-22-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
    • (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

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