Terms Used In Utah Code > Title 78B > Chapter 22 - Indigent Defense Act

• Account: means the Indigent Defense Resources Restricted Account created in Section 78B-22-405. See Utah Code 78B-22-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appellate defense services: means the representation of an indigent individual:

  (i)	described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1;

  (ii)	in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or

  (iii)

  in an appeal of right from an action for the termination or restoration of parental rights under 1, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-901 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Authorized emergency vehicle: includes : (a)  fire department vehicles; (b)  police vehicles; (c)  ambulances; and (d)  other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102 Board: means the Indigent Defense Funds Board created in Section 78B-22-501. See Utah Code 78B-22-102 Bus: means a motor vehicle: (i)  designed for carrying more than 15 passengers and used for the transportation of persons; or (ii)  designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102 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. 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. Contracted parental representation attorney: means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county. See Utah Code 78B-22-801 Contributing county: means a county that complies with this part for participation in the fund described in Section 78B-22-804. See Utah Code 78B-22-801 Conviction: A judgement of guilt against a criminal defendant. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Defense attorney: Represent defendants in criminal matters. Department: means the Department of Public Safety. See Utah Code 41-6a-102 Division: means the Indigent Appellate Defense Division created in Section 78B-22-902. See Utah Code 78B-22-901 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. 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 Farm tractor: means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 41-6a-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. fund: means the Indigent Aggravated Murder Defense Fund created in Section 78B-22-701. See Utah Code 78B-22-501 fund: means the Indigent Aggravated Murder Defense Fund. See Utah Code 78B-22-701 Fund: means the Child Welfare Parental Representation Fund created in Section 78B-22-804. See Utah Code 78B-22-801 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-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 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-22-102 Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102 Motorcycle: means : (a)  a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or (b)  an autocycle. See Utah Code 41-6a-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Office: means the Office of Indigent Defense Services created in Section 78B-22-451. See Utah Code 78B-22-102 Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102 Operator: means : (a)  a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102 Oversight: Committee review of the activities of a Federal agency or program. parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102 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. See Utah Code 78B-22-102 Person: means :Utah Code 68-3-12.5 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 Pole trailer: means a vehicle without motive power: (a)  designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and (b)  that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102 Program: means the Child Welfare Parental Representation Program created in Section 78B-22-802. See Utah Code 78B-22-801 Property: includes both real and personal property. See Utah Code 68-3-12.5 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. Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102 School bus: means a motor vehicle that: (i)  complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and (ii)  is used to transport school children to or from school or school activities. See Utah Code 41-6a-102 Semitrailer: means a vehicle with or without motive power: (i)  designed for carrying persons or property and for being drawn by a motor vehicle; and (ii)  constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102 Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102