In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Private Contested Adoption
The Indigent Defense Commission (IDC) reimburses counties for work performed by court-appointed attorneys in privately initiated termination of parental rights and adoption cases filed in either the district or juvenile court. Below are the forms Counties ought to use to process reimbursement requests.
The Termination of Parental Rights Amendments Bill (SB 203) passed during the 2018 General Session of the Utah State Legislature and became effective May 8, 2018. It amended several laws that, in summary:
Require courts to appoint counsel for indigent birth/legal parents who oppose the termination of their parental rights in cases brought by private parties;
Require courts to appoint counsel in cases in both district and juvenile courts;
Give counties the authority to designate attorney(s) for this appointment;
Require counties to compensate appointed attorneys; and
Create the mechanism for counties to seek reimbursement from the Utah Indigent Defense Commission (IDC).