Section 402 - Commission members -- Member qualifications -- Terms -- Vacancy.

UT Code § 78B-22-402 (2019) (N/A)
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(1) The commission is composed of 15 voting members and one ex officio, nonvoting member. (a) The governor, with the consent of the Senate, shall appoint the following 13 voting members: (i) two practicing criminal defense attorneys recommended by the Utah Association of Criminal Defense Lawyers; (ii) one attorney practicing in juvenile delinquency defense recommended by the Utah Association of Criminal Defense Lawyers; (iii) an attorney representing minority interests recommended by the Utah Minority Bar Association; (iv) one member recommended by the Utah Association of Counties from a county of the first or second class; (v) one member recommended by the Utah Association of Counties from a county of the third through sixth class; (vi) a director of a county public defender organization recommended by the Utah Association of Criminal Defense Lawyers; (vii) two members recommended by the Utah League of Cities and Towns from its membership; (viii) a retired judge recommended by the Judicial Council; (ix) one attorney practicing in the area of parental defense, recommended by an entity funded under the Child Welfare Parental Defense Program created in Section 63M-7-211; and (x)two members of the Utah Legislature, one from the House of Representatives and one from the Senate, selected jointly by the Speaker of the House and President of the Senate. (b) The Judicial Council shall appoint a voting member from the Administrative Office of the Courts. (c) The executive director of the State Commission on Criminal and Juvenile Justice or the executive director's designee is a voting member of the commission. (d) The director of the commission, appointed under Section 78B-22-403, is an ex officio, nonvoting member of the commission.

(a) The governor, with the consent of the Senate, shall appoint the following 13 voting members: (i) two practicing criminal defense attorneys recommended by the Utah Association of Criminal Defense Lawyers; (ii) one attorney practicing in juvenile delinquency defense recommended by the Utah Association of Criminal Defense Lawyers; (iii) an attorney representing minority interests recommended by the Utah Minority Bar Association; (iv) one member recommended by the Utah Association of Counties from a county of the first or second class; (v) one member recommended by the Utah Association of Counties from a county of the third through sixth class; (vi) a director of a county public defender organization recommended by the Utah Association of Criminal Defense Lawyers; (vii) two members recommended by the Utah League of Cities and Towns from its membership; (viii) a retired judge recommended by the Judicial Council; (ix) one attorney practicing in the area of parental defense, recommended by an entity funded under the Child Welfare Parental Defense Program created in Section 63M-7-211; and (x)two members of the Utah Legislature, one from the House of Representatives and one from the Senate, selected jointly by the Speaker of the House and President of the Senate.

(i) two practicing criminal defense attorneys recommended by the Utah Association of Criminal Defense Lawyers;

(ii) one attorney practicing in juvenile delinquency defense recommended by the Utah Association of Criminal Defense Lawyers;

(iii) an attorney representing minority interests recommended by the Utah Minority Bar Association;

(iv) one member recommended by the Utah Association of Counties from a county of the first or second class;

(v) one member recommended by the Utah Association of Counties from a county of the third through sixth class;

(vi) a director of a county public defender organization recommended by the Utah Association of Criminal Defense Lawyers;

(vii) two members recommended by the Utah League of Cities and Towns from its membership;

(viii) a retired judge recommended by the Judicial Council;

(ix) one attorney practicing in the area of parental defense, recommended by an entity funded under the Child Welfare Parental Defense Program created in Section 63M-7-211; and

(x)two members of the Utah Legislature, one from the House of Representatives and one from the Senate, selected jointly by the Speaker of the House and President of the Senate.

(b) The Judicial Council shall appoint a voting member from the Administrative Office of the Courts.

(c) The executive director of the State Commission on Criminal and Juvenile Justice or the executive director's designee is a voting member of the commission.

(d) The director of the commission, appointed under Section 78B-22-403, is an ex officio, nonvoting member of the commission.

(2) A member appointed by the governor shall serve a four-year term, except as provided in Subsection (3).

(3) The governor shall stagger the initial terms of appointees so that approximately half of the members appointed by the governor are appointed every two years.

(4) A member appointed to the commission shall have significant experience in indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or have otherwise demonstrated a strong commitment to providing effective representation in indigent defense services.

(5) A person who is currently employed solely as a criminal prosecuting attorney may not serve as a member of the commission .

(6) A commission member shall hold office until the member's successor is appointed.

(7) The commission may remove a member for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.

(8) If a vacancy occurs in the membership for any reason, a replacement shall be appointed for the remaining unexpired term in the same manner as the original appointment.

(9) The commission shall annually elect a chair from the commission's membership to serve a one-year term. A commission member may not serve as chair of the commission for more than three consecutive terms.

(10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(a) Section 63A-3-106;

(b) Section 63A-3-107; and

(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(11) (a) A majority of the members of the commission constitutes a quorum. (b) If a quorum is present, the action of a majority of the voting members present constitutes the action of the commission.

(a) A majority of the members of the commission constitutes a quorum.

(b) If a quorum is present, the action of a majority of the voting members present constitutes the action of the commission.