(1)(a) A complainant may file a written complaint regarding the provision of indigent defense services by an indigent defense system.
- (b) The office does not have authority to review the conduct of a judge, court commissioner, or indigent defense service provider.
(2) A complaint shall be emailed to the office at idc@utah.gov and include:
- (a) a fully completed indigent defense form that can be found on the commission's website; and
(b) sufficient facts to demonstrate that an indigent defense system violated:
- (i) the duties of an indigent defense system contained in Title 78B, Chapter 22, the Indigent Defense Act; or
- (ii) a term and condition of a contract or funding award agreement between the indigent defense system and the commission.
- (2) Once a complaint is received by the office, the director shall review the complaint to determine if the complainant contains sufficient information to open an investigation.
- (3) If the director determines there is insufficient information to open an investigation, the director shall notify the complainant that the matter has been closed.
- (4) If the director opens an investigation, the director may contact interested parties to seek additional information.
- (5) Once the director has completed the investigation, the director shall issue written findings to an interested party.
KEY: indigent defense system, complaint procedures
Date of Last Change: August 11, 2020
Notice of Continuation: March 25, 2025
Authorizing, Implemented, or Interpreted Law: 78B-22-404