(1) The commission shall: (a) adopt minimum guidelines for an indigent defense system to ensure the effective representation of indigent individuals consistent with the requirements of the United States Constitution, the Utah Constitution, and the Utah Code, which guidelines at a minimum shall address the following: (i) an indigent defense system shall ensure that in providing indigent defense services: (A) an indigent individual receives conflict-free indigent defense services; and (B) there is a separate contract for each type of indigent defense service; and (ii) an indigent defense system shall ensure an indigent defense service provider has: (A) the ability to exercise independent judgment without fear of retaliation and is free to represent an indigent individual based on the indigent defense service provider's own independent judgment; (B) adequate access to indigent defense resources; (C) the ability to provide representation to accused individuals in criminal cases at the critical stages, and at the stages to indigent individuals in juvenile delinquency and child welfare proceedings; (D) a workload that allows for sufficient time to meet with clients, investigate cases, file appropriate documents with the courts, and otherwise provide effective assistance of counsel to each client; (E) adequate compensation without financial disincentives; (F) appropriate experience or training in the area for which the indigent defense service provider is representing indigent individuals; (G) compensation for legal training and education in the areas of the law relevant to the types of cases for which the indigent defense service provider is representing indigent individuals; and (H) the ability to meet the obligations of the Utah Rules of Professional Conduct, including expectations on client communications and managing conflicts of interest; (b) encourage and aid indigent defense systems in the state in the regionalization of indigent defense services to provide for effective and efficient representation to the indigent individuals; (c) identify and collect data from any source, which is necessary for the commission to: (i) aid, oversee, and review compliance by indigent defense systems with the commission's minimum guidelines for the effective representation of indigent individuals; and (ii) provide reports regarding the operation of the commission and the provision of indigent defense services by indigent defense systems in the state; (d) assist indigent defense systems by reviewing contracts and other agreements, to ensure compliance with the commission's minimum guidelines for effective representation of indigent individuals; (e) investigate, audit, and review the provision of indigent defense services to ensure compliance with the commission's minimum guidelines for the effective representation of indigent individuals; (f) establish procedures for the receipt and acceptance of complaints regarding the provision of indigent defense services in the state; (g) establish procedures to award grants to indigent defense systems under Section 78B-22-406 consistent with the commission's minimum guidelines for the effective representation of indigent individuals and appropriations by the state; (h) emphasize the importance of ensuring constitutionally effective indigent defense services; (i) encourage members of the judiciary to provide input regarding the delivery of indigent defense services; (j) oversee individuals and entities involved in providing indigent defense services; (k) annually report to the governor, Legislature, Judiciary Interim Committee, and Judicial Council, regarding: (i) the operations of the commission; (ii) the operations of the indigent defense systems in the state; and (iii) compliance with the commission's minimum guidelines by indigent defense systems receiving grants from the commission; (l) submit recommendations for improving indigent defense services in the state, to legislative, executive, and judicial leadership; and (m) publish an annual report on the commission's website.

(a) adopt minimum guidelines for an indigent defense system to ensure the effective representation of indigent individuals consistent with the requirements of the United States Constitution, the Utah Constitution, and the Utah Code, which guidelines at a minimum shall address the following: (i) an indigent defense system shall ensure that in providing indigent defense services: (A) an indigent individual receives conflict-free indigent defense services; and (B) there is a separate contract for each type of indigent defense service; and (ii) an indigent defense system shall ensure an indigent defense service provider has: (A) the ability to exercise independent judgment without fear of retaliation and is free to represent an indigent individual based on the indigent defense service provider's own independent judgment; (B) adequate access to indigent defense resources; (C) the ability to provide representation to accused individuals in criminal cases at the critical stages, and at the stages to indigent individuals in juvenile delinquency and child welfare proceedings; (D) a workload that allows for sufficient time to meet with clients, investigate cases, file appropriate documents with the courts, and otherwise provide effective assistance of counsel to each client; (E) adequate compensation without financial disincentives; (F) appropriate experience or training in the area for which the indigent defense service provider is representing indigent individuals; (G) compensation for legal training and education in the areas of the law relevant to the types of cases for which the indigent defense service provider is representing indigent individuals; and (H) the ability to meet the obligations of the Utah Rules of Professional Conduct, including expectations on client communications and managing conflicts of interest;

(i) an indigent defense system shall ensure that in providing indigent defense services: (A) an indigent individual receives conflict-free indigent defense services; and (B) there is a separate contract for each type of indigent defense service; and

(A) an indigent individual receives conflict-free indigent defense services; and

(B) there is a separate contract for each type of indigent defense service; and

(ii) an indigent defense system shall ensure an indigent defense service provider has: (A) the ability to exercise independent judgment without fear of retaliation and is free to represent an indigent individual based on the indigent defense service provider's own independent judgment; (B) adequate access to indigent defense resources; (C) the ability to provide representation to accused individuals in criminal cases at the critical stages, and at the stages to indigent individuals in juvenile delinquency and child welfare proceedings; (D) a workload that allows for sufficient time to meet with clients, investigate cases, file appropriate documents with the courts, and otherwise provide effective assistance of counsel to each client; (E) adequate compensation without financial disincentives; (F) appropriate experience or training in the area for which the indigent defense service provider is representing indigent individuals; (G) compensation for legal training and education in the areas of the law relevant to the types of cases for which the indigent defense service provider is representing indigent individuals; and (H) the ability to meet the obligations of the Utah Rules of Professional Conduct, including expectations on client communications and managing conflicts of interest;

(A) the ability to exercise independent judgment without fear of retaliation and is free to represent an indigent individual based on the indigent defense service provider's own independent judgment;

(B) adequate access to indigent defense resources;

(C) the ability to provide representation to accused individuals in criminal cases at the critical stages, and at the stages to indigent individuals in juvenile delinquency and child welfare proceedings;

(D) a workload that allows for sufficient time to meet with clients, investigate cases, file appropriate documents with the courts, and otherwise provide effective assistance of counsel to each client;

(E) adequate compensation without financial disincentives;

(F) appropriate experience or training in the area for which the indigent defense service provider is representing indigent individuals;

(G) compensation for legal training and education in the areas of the law relevant to the types of cases for which the indigent defense service provider is representing indigent individuals; and

(H) the ability to meet the obligations of the Utah Rules of Professional Conduct, including expectations on client communications and managing conflicts of interest;

(b) encourage and aid indigent defense systems in the state in the regionalization of indigent defense services to provide for effective and efficient representation to the indigent individuals;

(c) identify and collect data from any source, which is necessary for the commission to: (i) aid, oversee, and review compliance by indigent defense systems with the commission's minimum guidelines for the effective representation of indigent individuals; and (ii) provide reports regarding the operation of the commission and the provision of indigent defense services by indigent defense systems in the state;

(i) aid, oversee, and review compliance by indigent defense systems with the commission's minimum guidelines for the effective representation of indigent individuals; and

(ii) provide reports regarding the operation of the commission and the provision of indigent defense services by indigent defense systems in the state;

(d) assist indigent defense systems by reviewing contracts and other agreements, to ensure compliance with the commission's minimum guidelines for effective representation of indigent individuals;

(e) investigate, audit, and review the provision of indigent defense services to ensure compliance with the commission's minimum guidelines for the effective representation of indigent individuals;

(f) establish procedures for the receipt and acceptance of complaints regarding the provision of indigent defense services in the state;

(g) establish procedures to award grants to indigent defense systems under Section 78B-22-406 consistent with the commission's minimum guidelines for the effective representation of indigent individuals and appropriations by the state;

(h) emphasize the importance of ensuring constitutionally effective indigent defense services;

(i) encourage members of the judiciary to provide input regarding the delivery of indigent defense services;

(j) oversee individuals and entities involved in providing indigent defense services;

(k) annually report to the governor, Legislature, Judiciary Interim Committee, and Judicial Council, regarding: (i) the operations of the commission; (ii) the operations of the indigent defense systems in the state; and (iii) compliance with the commission's minimum guidelines by indigent defense systems receiving grants from the commission;

(i) the operations of the commission;

(ii) the operations of the indigent defense systems in the state; and

(iii) compliance with the commission's minimum guidelines by indigent defense systems receiving grants from the commission;

(l) submit recommendations for improving indigent defense services in the state, to legislative, executive, and judicial leadership; and

(m) publish an annual report on the commission's website.

(2) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the commission's duties under this part.