IADD

Who we are and what we do: We are the Indigent Appellate Defense Division, known as "IADD." Our office was established by the legislature in 2020 in response to a recognition by the legislature that access to counsel was limited throughout most of the state for many people needing to pursue their constitutional right to appeal a conviction. Initially, IADD was tasked with providing appellate representation for people in the third through sixth class counties wanting to appeal their convictions.  Those counties span much of the State outside of the Wasatch Front. Since that time, IADD’s responsibilities have grown and now also include representing parents on appeal from across the entire state who have had their parental rights terminated and representing people in the postconviction process pursuing a chance to have their convictions overturned.

IADD attorneys have decades of experience and have represented clients in Utah courts at every level. Many of our attorneys have appeared as speakers and panelists at both national and local trainings.  As an office, IADD has hosted an annual multi-day training that has attracted hundreds of attendees and featured local and national speakers committed to improving the criminal legal system.

The number of cases assigned to IADD has increased by nearly 50% in the past two years.

Mission Statement

IADD is dedicated to protecting and defending the rights and dignity of each of our clients through zealous, compassionate, and client-centered advocacy. The goal of the office is to ensure delivery throughout the state—at all stages—of indigent defense services that do not merely meet the Strickland constitutional standard for effective assistance but provide all clients the highest quality of representation they deserve.

Attention law students: IADD is always looking to hire students as law clerks who are interested in learning more about appellate indigent defense, parental rights, and postconviction representation. Law clerks have the opportunity to gain hands-on experience with our case work. Interested students should email a cover letter, resume, and writing sample. Materials can be sent to the section of interest:

Criminal appeals (adult or youth): [email protected]
Postconviction: [email protected]
Family Defense Appeals: [email protected]

IADD's capabilities: IADD can only represent a person and provide legal assistance or advice in cases where our office has been appointed by a court. Below is some general guidance to assist people in navigating the criminal legal system:

1. If you have been charged with a crime and your case is pending: You have a constitutional right to an attorney and all questions should be directed to your attorney. IADD does not represent people at the trial level.
2. If you have been convicted following a trial: You have the right to an appeal with the assistance of counsel. A notice of appeal has to be filed within 30 days of being sentenced. (There are a few exceptions). A notice of appeal is a short document, 1-2 pages, that informs the court that a person wants to appeal. It should be filed in the district court where a person was convicted. IADD can provide representation for appeals from the third through sixth class counties, and a person who is indigent is guaranteed the appointment of counsel. If a notice of appeal has been filed in a case from a county within IADD's responsibilities, an attorney will be contacting you. After a trial, there is almost never a downside to filing a notice of appeal. It preserves the right to the appeal.
3. If you were convicted and had an appeal denied: If your appeal is complete, you can attempt to pursue relief in postconviction. The time limits for postconviction can be a little confusing, click here for the relevant rules and here for the relevant code. General guidance is a petition for postconviction relief has to be filed within one year from the end of your appeal.  There is no right to counsel for postconviction. If a person cannot hire an attorney, any postconviction petition must be filed without an attorney. At that time, a person can ask the court to appoint counsel. That decision is within the discretion of the court. A petition for postconviction relief must be filed in the same court where the conviction occurred. At this time, IADD cannot represent anyone in postconviction until after an initial petition has been filed and then only if a court appoints our office.
4. If you went to trial, were convicted, and did not appeal: You can pursue relief through the postconviction process, as discussed above in #3.
5. If you were convicted following a guilty plea: Utah law used to prohibit anyone from filing a motion to withdraw a guilty plea after they were sentenced. This all changed based on a recent decision from the Utah Supreme Court in State v. Rippey that declared the plea withdrawal statute unconstitutional—a case where IADD filed an amicus brief. Based on that decision, a person may file a motion to withdraw a guilty plea if it is believed the plea was not entered into "knowingly and voluntarily," even after sentencing. This motion would be filed in the district court where the conviction occurred. A person can also file an appeal after a guilty plea and attempt to raise any issues that may have occurred, subject to standard rules of preservation (a notice of appeal must be filed within 30 days of sentencing). IADD does not represent people in the district court seeking to withdraw a plea but would be appointed if a person, within our jurisdiction, filed an appeal following a guilty plea. Note: While the decision in Rippey did remove the time limit, there are many legal debates to follow on exactly what, if any, limitations remain. Also, there are sure to be attempts in the near future to address the Rippey decision. In short, this is an area of the law that may change at any moment. Before entering a guilty plea, be sure you are pleading guilty aware of the possible consequences and because you believe doing so is in your best interest. If you are an attorney, make sure you are properly and fully advising a client before any plea is accepted.