77-32-304.5 - Reasonable compensation for defense counsel for indigents.
77-32-304.5. Reasonable compensation for defense counsel for indigents.
(1) This section does not apply to any attorney:
(a) under contract with the county or municipality for defense of an indigent person;
(b) in the legal defender organization, legal aid agency, law firm, or public defenderassociation with which that attorney is professionally associated; or
(c) who is an employee of a county legal defender's office.
(2) (a) The county or municipality shall pay reasonable compensation to any attorneyassigned by the court under Subsection 77-32-306 at the conclusion of the representation or anysegment of the representation, as provided in Subsections (2)(b), (c), (d), and (e):
(i) before the district or justice courts, including interlocutory appeals; and
(ii) before the appellate court on a first appeal of right.
(b) The legislative body of each county and municipality shall establish and annuallyreview guidelines for the rate of compensation, taking into account:
(i) the nature and complexity of the case;
(ii) the competency and years of experience in criminal defense of the assigned attorney;
(iii) the adjusted net hourly rate incurred by the county or municipality for a prosecutoror public defender of equivalent experience and competency; and
(iv) the prevailing rates within the judicial district for comparable services.
(c) If the legislative body of a county or municipality does not establish the rateguidelines, the rate of compensation shall be determined by the trial judge or a judge other thanthe trial judge if requested by:
(i) the assigned attorney; or
(ii) the county or municipality.
(d) If the assigned attorney disagrees with the amount of compensation paid orcontemplated for payment by the county or municipality, the assigned attorney shall nonethelesscontinue to represent the indigent defendant and may file a claim against:
(i) the county pursuant to Section 17-50-401, in which event the period for a denial bythe county shall be 20 days; or
(ii) the municipality pursuant to Title 10, Chapter 6, Uniform Fiscal Procedures Act forUtah Cities.
(e) In determining the reasonable compensation to be paid to defense counsel underSubsections (2)(c) and (d), the court shall consider the factors contained in Subsections (2)(b)(i)through (iv).
(f) The total compensation in a noncapital case may not, without prior court approvalfollowing a hearing, exceed:
(i) $3,500 for each assigned attorney in a case in which one or more felonies is charged;
(ii) $1,000 for each assigned attorney in a case in which only misdemeanors or lesseroffenses are charged; or
(iii) $2,500 for each assigned attorney in the representation of an indigent in an appellatecourt on a first appeal of right.
Amended by Chapter 49, 2006 General Session