78B-22-402. Commission members — Member qualifications — Terms — Vacancy.
(1)
Terms Used In Utah Code 78B-22-402
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
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 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
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Quorum: The number of legislators that must be present to do business.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
The commission is composed of 15 members.
(b)
The governor, with the advice and consent of the Senate, and in accordance with 2, 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 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 StateCommission 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 , representing parents in child welfare cases, or in 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.
(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:
