Title 78B, Judicial Code

78B-22-201. Right to counsel. (1) A court shall advise the following of the individual's right to counsel no later than the individual's first court appearance: (a) an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless…

78B-22-201.5. Affidavit of indigency. (1) Except as provided in Subsection (5), on or after January 1, 2022, an individual, who is seeking appointment of an indigent defense service provider, shall submit an affidavit of indigency described in Subsection (2) to the court. (2) An …

78B-22-202. Determining indigency. (1) A court shall find an individual indigent if the individual: (a) has an income level at or below 150% of the United States poverty level as defined by the most recent poverty income guidelines published by the United States Department of Hea…

78B-22-203. Order for indigent defense services. (1)(a) Except as provided in Subsection (6), a court shall appoint an indigent defense service provider who is employed by an indigent defense system or who has a contract with an indigent defense system to provide indigent defense…

78B-22-204. Waiver by a minor. (1) A minor may not waive the right to be represented by counsel at all stages of court proceedings unless: (a) the minor has consulted with counsel; and (b) the court is satisfied that in light of the minor's unique circumstances and attributes: (i…

78B-22-301. Standards for indigent defense systems -- Written report. (1) An indigent defense system shall provide indigent defense services for an indigent individual in accordance with the core principles adopted by the commission under Section 75E-9-104. (2)(a) On or before Ma…

78B-22-302. Compensation for indigent defense services. (1) An indigent defense system shall fund indigent defense services ordered by a court under Section 78B-22-203. (2) An indigent defense system shall ensure that there are adequate funds for indigent defense resources when a…

78B-22-303. Pro bono provision of indigent defense services -- Liability limits. A defense attorney is immune from suit if the defense attorney provides indigent defense services to an indigent individual: (1) at no cost; and (2) without gross negligence or willful misconduct.

78B-22-304. Reimbursement for indigent defense services. A court may order a parent or legal guardian of a minor who is appointed indigent defense services under this chapter to reimburse the cost of the minor's indigent defense services, as determined by the court, unless the co…