As provided in Utah Administrative Code R364-2, the Office of Indigent Defense Services may review complaints regarding the provision of indigent defense services by an indigent defense system.
A complaint must include sufficient facts to demonstrate that an indigent defense system violated:
- the duties of an indigent defense system contained in the Indigent Defense Act found at Title 78B, Chapter 22;
- the commission’s Core System Principles; or
- the terms and conditions of a contract or funding award agreement between the indigent defense system and the commission.
- Once a complaint is received by the office, the director will review the complaint to determine if there is sufficient information to open an investigation.
- If the director determines there is insufficient information to open an investigation, the director will notify the complainant that the matter has been closed.
- If the director opens an investigation, the director may contact interested parties to seek additional information.
- Once the director has completed the investigation, the director will issue written findings to all interested parties.
Commission Appeal Review:
The director's findings may be appealed to the Indigent Defense Commission.
An appeal shall:
- be submitted in writing to the office at email@example.com within 30 days from the day of the director’s findings; and
- provide a detailed description of the reason for the appeal.
- Upon receiving the appeal, the Commission may seek additional data, documentation, and information.
- When the Commission has concluded its review of the director’s findings, the Commission will send a written decision to all interested parties.
- The Commission’s decision is final and cannot be further appealed.