Print Version
Previous PageFile uploaded: 4/3/2012

Rule 4-601.Selection of indigent aggravated murder defense fund counsel.

Intent:

To establish the process to be used to selectpre-contracted attorneys from the roster maintained by the Indigent DefenseFunds Board in aggravated murder cases.

Applicability:

This rule shall apply to the district court.

Statement of the Rule:

After determining that a defendant is eligible for indigentdefense counsel in an aggravated murder case, as provided in U.C.A. Title 77,Chapter 32, if the defense counsel is to be paid from the Indigent AggravatedMurder Defense Fund, the following process shall be used:

(1) The judge responsible for assignment of defense counselshall, as soon as practical upon determining eligibility, contact the member ofthe Indigent Defense Funds Board designated by the Administrative Office of theCourts.

(2) That board member shall randomly identify, for eacheligible defendant, five attorneys currently on the roster of qualifiedpre-contracted attorneys.

(3) The board member shall then promptly contact each ofthose attorneys and determine if they would be willing to undertake therepresentation of the defendant. If fewer than three attorneys are willing toundertake the representation, additional pre-contracted attorneys should becontacted until there are at least three attorneys from which the judge canchoose.

(4) The judge shall then select one of the willingattorneys for appointment.