Wednesday, September 28, 2011
The Utah Supreme Court has held that a criminal defendant who is declared to be indigent may qualify for court-paid resources even after retaining private counsel.
In another case, a defendant who was represented by retained counsel sought an order required the Salt Lake Legal Defender Association ("LDA") to pay the costs of an expert witness. The trial judge granted the motion without notice to the LDA.
On appeal, the Utah Supreme Court held that LDA had a due process right to notice and to be heard before being ordered to pay for the expert. (Mike Frisch)