1. (1) The division shall:

   1. (a) provide appellate defense services:

      1. (i) for an appeal under Section 77-18a-1, in eligible counties;
      2. (ii) for an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, if the court appoints the division to represent the indigent individual; and
      3. (iii) for an appeal of right from an action for the termination or restoration of parental rights under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Title 80, Chapter 4, Termination and Restoration of Parental Rights, or Title 81, Chapter 13, Adoption; and
   2. (b) provide appellate defense services in accordance with the core principles adopted by the commission under Section 75E-9-104 and any other state and federal standards for appellate defense services.

2. (2) Upon consultation with the executive director and the commission, the division shall:

   1. (a) adopt a budget for the division;

   2. (b) adopt and publish on the commission's website:

      1. (i) appellate performance standards;
      2. (ii) case weighting standards; and
      3. (iii) any other relevant measures or information to assist with appellate defense services; and

   3. (c) if requested by the commission, provide a report to the commission on:

      1. (i) the provision of appellate defense services by the division;
      2. (ii) the caseloads of appellate attorneys; and
      3. (iii) any other information relevant to appellate defense services in the state.
3. (3) If the division provides appellate defense services to an indigent individual in an indigent defense system, the division shall provide notice to the district court and the indigent defense system that the division intends to be appointed as counsel for the indigent individual.
4. (4) The office shall assist with providing training and continual legal education on appellate defense to indigent defense service providers in eligible counties.

Renumbered and Amended by Chapter 291, 2026 General Session