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Indigent Defense Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses indigent defense.
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Highlighted Provisions:
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This bill:
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▸ renames the "Child Welfare Parental Representation Program" to the "Child Welfare
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Parental Representation Division";
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▸ requires the Office of Indigent Defense Services to employ or contract with attorneys to
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represent indigent parents in abuse, neglect, and dependency proceedings initiated in the
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fifth or sixth judicial district;
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▸ allows the Office of Indigent Defense Services to employ or contract with attorneys to
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represent indigent parents in abuse, neglect, and dependency proceedings initiated in a
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judicial district that is not the fifth or sixth judicial district;
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▸ creates the Youth Defense Fund to pay for indigent defense services for a minor referred
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to the juvenile court for an offense;
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▸ requires the Utah Indigent Defense Commission to establish the rules and procedures for
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an application by a county seeking to participate in the Youth Defense Fund;
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▸ requires certain administrative duties from the Office of Indigent Defense Services with
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regard to the Youth Defense Fund;
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▸ addresses county participation in the Youth Defense Fund; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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78B-22-402, as last amended by Laws of Utah 2024, Chapter 529
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78B-22-801, as last amended by Laws of Utah 2021, Chapters 228, 262 and last amended
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by Coordination Clause, Laws of Utah 2021, Chapter 262
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78B-22-802, as last amended by Laws of Utah 2021, Chapters 228, 235
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78B-22-803, as last amended by Laws of Utah 2021, Chapters 228, 262
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78B-22-804, as last amended by Laws of Utah 2023, Chapter 438
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ENACTS:
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78B-22-1101, Utah Code Annotated 1953
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78B-22-1102, Utah Code Annotated 1953
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78B-22-1103, Utah Code Annotated 1953
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78B-22-1104, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-22-402 is amended to read:
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78B-22-402 . Commission members -- Member qualifications -- Terms --
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Vacancy.
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(1)(a) The commission is composed of 15 members.
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(b) The governor, with the advice and consent of the Senate, and in accordance with
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Title 63G, Chapter 24, Part 2, Vacancies, shall appoint the following 11 members:
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(i) two practicing criminal defense attorneys recommended by the Utah Association
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of Criminal Defense Lawyers;
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(ii) one attorney practicing in juvenile delinquency defense recommended by the
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Utah Association of Criminal Defense Lawyers;
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(iii) one attorney who represents parents in child welfare cases, recommended by an
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entity funded under the Child Welfare Parental Representation [Program] Division
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created in Section 78B-22-802;
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(iv) one attorney representing minority interests recommended by the Utah Minority
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Bar Association;
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(v) one member recommended by the Utah Association of Counties from a county of
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the first or second class;
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(vi) one member recommended by the Utah Association of Counties from a county of
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the third through sixth class;
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(vii) a director of a county public defender organization recommended by the Utah
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Association of Criminal Defense Lawyers;
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(viii) two members recommended by the Utah League of Cities and Towns from its
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membership; and
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(ix) one retired judge recommended by the Judicial Council.
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(c) The speaker of the House of Representatives and the president of the Senate shall
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appoint two members of the Utah Legislature, one from the House of Representatives
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and one from the Senate.
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(d) The Judicial Council shall appoint a member from the Administrative Office of the
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Courts.
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(e) The executive director of the State Commission on Criminal and Juvenile Justice or
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the executive director's designee is a member of the commission.
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(2) A member appointed by the governor shall serve a four-year term, except as provided in
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Subsection (3).
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(3) The governor shall stagger the initial terms of appointees so that approximately half of
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the members appointed by the governor are appointed every two years.
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(4) A member appointed to the commission shall have significant experience in indigent
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criminal defense , representing parents in child welfare cases, or in juvenile defense in
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delinquency proceedings or have otherwise demonstrated a strong commitment to
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providing effective representation in indigent defense services.
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(5) An individual who is currently employed solely as a criminal prosecuting attorney may
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not serve as a member of the commission .
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(6) A commission member shall hold office until the member's successor is appointed.
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(7) The commission may remove a member for incompetence, dereliction of duty,
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malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
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(8) If a vacancy occurs in the membership for any reason, a replacement shall be appointed
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for the remaining unexpired term in the same manner, and in accordance with the same
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procedure, as the original appointment.
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(9)(a) The commission shall elect annually a chair from the commission's membership to
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serve a one-year term.
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(b) A commission member may not serve as chair of the commission for more than three
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consecutive terms.
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(10) A member may not receive compensation or benefits for the member's service, but
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may receive per diem and travel expenses in accordance with:
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(a) Section 63A-3-106;
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(b) Section 63A-3-107; and
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(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
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63A-3-107.
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(11)(a) A majority of the members of the commission constitutes a quorum.
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(b) If a quorum is present, the action of a majority of the voting members present
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constitutes the action of the commission.
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(c) A member shall comply with the conflict of interest provisions described in Title
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63G, Chapter 24, Part 3, Conflicts of Interest.
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Section 2. Section 78B-22-801 is amended to read:
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Part 8. Child Welfare Parental Representation Division
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78B-22-801 . Definitions.
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As used in this part:
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(1) "Child welfare case" means an action initiated by the state under Title 80, Chapter 3,
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Abuse, Neglect, and Dependency Proceedings.
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[(1)] (2) "Contracted parental representation attorney" means an attorney who represents an
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indigent individual who is a parent in a child welfare case under a contract with the
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office or a contributing county.
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[(2)] (3) "Contributing county" means a county that complies with this part for participation
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in the fund described in Section 78B-22-804.
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(4) "Division" means the Child Welfare Parental Representation Division created in Section
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78B-22-802.
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[(3)] (5) "Fund" means the Child Welfare Parental Representation Fund created in Section
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78B-22-804.
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[(4) "Program" means the Child Welfare Parental Representation Program created in
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Section 78B-22-802.]
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Section 3. Section 78B-22-802 is amended to read:
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78B-22-802 . Child Welfare Parental Representation Division -- Creation --
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Duties -- Annual report -- Budget.
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(1) There is created [within the office the Child Welfare Parental Representation Program]
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the Child Welfare Parental Representation Division within the office.
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(2)[(a)] The office shall:
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[(i)] (a) administer [and enforce the program] the division in accordance with this part;
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[(ii) manage the operation and budget of the program;]
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(b) employ, or contract with, an attorney to represent a parent who is:
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(i) facing a child welfare case in the fifth or sixth judicial district; and
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(ii) found to be an indigent individual under this chapter in the child welfare case;
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[(iii)] (c) develop and provide educational and training programs for employed and
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contracted parental representation attorneys; and
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[(iv)] (d) provide information and advice to assist a contracted parental representation
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attorney to comply with the attorney's professional, contractual, and ethical duties.
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[(b) In administering the program, the office shall contract with:]
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[(i) a person who is qualified to perform the program duties under this section; and]
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[(ii) an attorney, as an independent contractor, in accordance with Section
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78B-22-803.]
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(3) The office may employ, or contract with, an attorney to represent a parent who is:
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(a) facing a child welfare case in a judicial district that is not the fifth or sixth judicial
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district; and
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(b) found to be an indigent individual under this chapter in the child welfare case.
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[(3)] (4)[(a) The executive director shall prepare a budget of:]
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[(i) the administrative expenses for the program; and]
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[(ii) the amount estimated to fund needed contracts and other costs.]
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[(b)] On or before October 1 of each year, the executive director shall report to the
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governor and the Child Welfare Legislative Oversight Panel regarding the preceding
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fiscal year on the operations, activities, and goals of the [program] division.
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Section 4. Section 78B-22-803 is amended to read:
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78B-22-803 . Child welfare parental defense contracts.
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[(1)(a) The office may enter into a contract with an attorney to provide indigent defense
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services for a parent who is the subject of a petition alleging abuse, neglect, or
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dependency, and requires indigent defense services under Section 80-3-104.]
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[(b) The office shall make payment for the representation, costs, and expenses of a
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contracted parental representation attorney from the fund in accordance with Section
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78B-22-804.]
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(1) For a contracted parental representation attorney, the office shall make payment for the
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representation, costs, and expenses of the contracted parental representation attorney
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from the fund in accordance with Section 78B-22-804.
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(2)(a) Except as provided in Subsection (2)(b), a contracted parental representation
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attorney shall:
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(i) complete a basic training course provided by the office;
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(ii) provide parental representation services consistent with the commission's core
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principles described in Section 78B-22-404;
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(iii) have experience in child welfare cases; and
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(iv) participate each calendar year in continuing legal education courses providing no
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fewer than eight hours of instruction in child welfare law.
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(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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commission may, by rule, exempt from the requirements of Subsection (2)(a) an
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attorney who has equivalent training or adequate experience.
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Section 5. Section 78B-22-804 is amended to read:
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78B-22-804 . Child Welfare Parental Representation Fund -- Contracts for
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coverage by the fund.
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(1) There is created an expendable special revenue fund known as the "Child Welfare
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Parental Representation Fund."
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(2) Subject to availability, the office may make distributions from the fund for the
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following purposes:
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(a) to pay for indigent defense resources for contracted parental representation attorneys;
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(b) for administrative costs of the [program] division; and
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(c) for reasonable expenses directly related to the functioning of the [program] division,
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including training and travel expenses.
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(3) The fund consists of:
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(a) federal funds received by the state as partial reimbursement for amounts expended by
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the [Utah Indigent Defense Commission] commission to pay for parental
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representation;
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(b) appropriations made to the fund by the Legislature;
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(c) interest and earnings from the investment of fund money;
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(d) proceeds deposited by contributing counties under this section; and
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(e) private contributions to the fund.
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(4) The state treasurer shall invest the money in the fund by following the procedures and
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requirements of Title 51, Chapter 7, State Money Management Act.
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(5)(a) If the office anticipates a deficit in the fund during a fiscal year:
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(i) the commission may request an appropriation from the Legislature; and
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(ii) the Legislature may fund the anticipated deficit through appropriation.
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(b) If the anticipated deficit is not funded by the Legislature under Subsection (5)(a), the
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office may request an interim assessment from contributing counties as described in
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Subsection (6) to fund the anticipated deficit.
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(6)(a) A county legislative body and the office may annually enter into a contract for the
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office to provide indigent defense services for a parent in a child welfare case in the
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county out of the fund.
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(b) A contract described in Subsection (6)(a) shall:
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(i) require the contributing county described in Subsection (6)(a) to pay into the fund
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an amount defined by a formula established by the commission; and
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(ii) provide for revocation of the contract for the contributing county's failure to pay
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the assessment described in Subsection (5) on the due date established by the
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commission.
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(7) After the first year of operation of the fund, a contributing county that enters into a
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contract under Subsection (6) to initiate or reestablish participation in the fund is
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required to make an equity payment in the amount determined by the commission, in
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addition to the assessment described in Subsection (5).
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(8) A contributing county that withdraws from participation in the fund, or whose
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participation in the fund is revoked as described in Subsection (6) for failure to pay the
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contributing county's assessment when due, shall forfeit any right to any previously paid
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assessment by the contributing county or coverage from the fund.
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Section 6. Section 78B-22-1101 is enacted to read:
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Part 11. Youth Defense Fund
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78B-22-1101 . Definitions for part.
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As used in this part:
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(1) "Fund" means the Youth Defense Fund created in Section 78B-22-1102.
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(2) "Participating county" means a county that complies with this part for participation in
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the fund.
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Section 7. Section 78B-22-1102 is enacted to read:
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78B-22-1102 . Establishment of Youth Defense Fund -- Use of fund --
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Compensation from fund.
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(1) There is established a custodial fund known as the Youth Defense Fund.
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(2) The fund consists of:
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(a) money received from participating counties as described in Section 78B-22-1104;
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(b) appropriations made to the fund by the Legislature; and
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(c) interest and earnings from the investment of fund money.
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(3) The state treasurer shall invest fund money with the earnings and interest accruing to the
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fund.
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(4) The fund shall be used to fulfill the constitutional and statutory mandates for the
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provision of constitutionally effective defense for juveniles referred to the juvenile court.
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(5) Money allocated to or deposited into the fund is used only:
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(a) to pay an indigent defense service provider appointed to represent a minor referred to
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the juvenile court;
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(b) for defense resources necessary to effectively represent the minor; and
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(c) for costs associated with the management of the fund and indigent defense service
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providers.
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Section 8. Section 78B-22-1103 is enacted to read:
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78B-22-1103 . Administration of Youth Defense Fund.
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(1) The commission shall establish rules and procedures for the application by a county for
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participation in the fund.
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(2) The office shall:
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(a) receive, screen, and approve or disapprove the application of a county seeking to
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participate in the fund;
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(b) calculate the amount of the annual contribution to be made to the fund by each
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participating county;
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(c) oversee and approve disbursement of money from the fund; and
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(d) negotiate, enter into, and administer a contract with an attorney or entity to provide
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indigent defense services to a minor referred to the juvenile court in a participating
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county if the attorney or entity:
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(i) is qualified to provide indigent defense services under this chapter; and
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(ii) meets the standards consistent for providing indigent defense services under this
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chapter.
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Section 9. Section 78B-22-1104 is enacted to read:
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78B-22-1104 . County participation in the Youth Defense Fund.
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(1) A county may participate in the fund in accordance with the provisions of this section.
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(2) A county that does not participate in the fund, or is not current in the county's
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assessments for the fund, is ineligible to receive indigent defense services provided for
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by the fund.
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(3) The commission may revoke a county's participation in the fund if the county fails to
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pay the county's assessments when the assessments are due.
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(4) To participate in the fund, the legislative body of a county shall:
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(a) adopt a resolution that approves participation in the fund and commits the county to
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fulfilling the assessment requirements; and
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(b) submit a certified copy of that resolution together with an application to the
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commission.
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(5) On or before January 15 of each year, a participating county shall contribute to the fund
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an amount determined by the office.
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(6) A participating county may withdraw from participation in the fund upon:
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(a) adoption by the county's legislative body of a resolution to withdraw; and
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(b) notice to the commission on or before January 1 of the year in which the county
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intends to withdraw.
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(7) A county withdrawing from participation in the fund, or whose participation in the fund
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has been revoked for failure to pay the county's assessments when the assessments are
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due, shall forfeit the right to:
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(a) any previously paid assessment;
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(b) relief from the county's obligation to pay the county's assessment during the period
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of the county's participation in the fund; and
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(c) any benefit from the fund, including reimbursement of costs that accrued after the
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last day of the period for which the county has paid the county's assessment.
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Section 10. Effective Date.
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This bill takes effect on May 7, 2025.
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