77-32-201 - Definitions. - Utah Statutes

77-32-201. Definitions.
For the purposes of this chapter:
(1) "Board" means the Indigent Defense Funds Board created in Section 77-32-401.
(2) "Compelling reason" may include the following circumstances:
(a) a conflict of interest;
(b) the contracting attorney does not have sufficient expertise to provide an effectivedefense of the indigent; or
(c) the defense resource is insufficient or lacks expertise to provide a complete defense.
(3) "Defense resources" means a competent investigator, expert witness, or otherappropriate means necessary, for an effective defense of an indigent, but does not include legalcounsel.
(4) "Indigent" means a person qualifying as an indigent under indigency standardsestablished in Part 3, Counsel for Indigents.
(5) "Legal aid association" means a nonprofit defense association that provides counseland defense resources for indigent defendants.
(6) "Legal defender's office" means a department of county government created andauthorized by the county legislative body to provide legal representation in criminal matters toindigent defendants.
(7) "Legal defense" means legal counsel, defense resources, or both.
(8) "Participating county" means a county which has complied with the provisions of thischapter for participation in the Indigent Capital Defense Trust Fund as provided in Sections77-32-602 and 77-32-603 or the Indigent Felony Defense Trust Fund as provided in Sections77-32-702 and 77-32-703.
(9) "Serious offense" means a felony or capital felony.

Amended by Chapter 49, 2006 General Session