The Utah legislature created the IADD in 2020 with the mandate to “provide appellate defense services in counties of the third, fourth, fifth, and sixth class.” The IADD both provides representation in individual cases and manages the assignment of other cases to a roster of approved attorneys. IADD’s governing statute.

MISSION STATEMENT

The 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 the trial and appellate 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. 

 [Link to core principles]

Appellate Representation

The Utah Constitution provides that every person is entitled to one, direct appeal and the United States Supreme Court has held that for such direct appeals a person must receive the constitutionally required effective assistance of counsel. IADD manages appeals arising from adult criminal convictions, findings of juvenile delinquency, and final orders to terminate parental rights. Below is guidance for trial attorneys to ensure that everyone has the opportunity to pursue their right to an appeal….

 

What to do after a conviction or final order

If you are an attorney and there has been a conviction, finding of delinquency, termination of parental rights, or other final order, you should file the notice of appeal as soon as possible, no later than 30 days after the final decision being appealed. The Court of Appeals will then appoint the IADD as appellate representation. If a case is from other than the third through sixth class counties, the trial attorney should still file the notice of appeal and the Court of Appeals will then appoint the local public defender to represent the person if indigent.

 

For specific guidance and templates, see below:

Adult Criminal Cases: If a client pleads guilty or is found guilty after trial (bench or jury), please file a notice of appeal as soon as possible. But once the notice is filed, the Court of Appeals will appoint our office to take over as appellate counsel. The goal is absent waiver in writing from a client, that notices will be filed in each case.

Sample Adult Criminal Conviction Notice of Appeal: PDF | Word

 

Juvenile Delinquency: Similar to above, at the end of any case where a finding of delinquency is made against a child, the attorney should file a notice of appeal as soon as possible, and no later than 30 days after the final decision. Our office has contracted with the Utah Juvenile Defenders to provide appellate representation in each of these cases.

Sample Juvenile Delinquency Notice of Appeal: PDF | Word

 

Child Welfare: For any attorney in third through sixth class counties who represents a client who has had parental rights terminated, as soon as possible you should 1) file the notice of appeal; 2) order any necessary transcripts (follow this link); and 3) contact our office as soon as possible at childwelfare@utahiadd.com. Our office will then be appointed as appellate counsel and will work with you in the filing of the initial petition and then handling the appeal if the court orders full briefing.

Sample Child Welfare Notice of Appeal: PDF | Word

 

Resources

Case assistance: Attorneys preparing or in the midst of trial, or at any step of the appellate process, who have questions or are looking for any assistance on issues or motions should send the IADD an email. One of our attorneys will respond as soon as possible. If you are in trial and the question is time-sensitive, please indicate as much in the subject line (by adding “urgent” to the subject).

Resource Bank: To assist any criminal defense attorney, the IADD has created a sharable drive of relevant resources. The drive consists of recent case law summaries, appellate briefs, law review articles, reports, and handouts from CLEs. If you would like access, please send an email to appeals@utahiadd.com with the words “Resource Bank” in the subject line.

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• a quarterly email with summaries of key cases, broken down by issue, from Utah, the U.S. Supreme Court, and courts across the country; the quarterly email will also contain other relevant legal updates for anyone practicing criminal defense at the trial or appellate levels;

• a monthly email that will preview upcoming relevant CLE opportunities offered by the Indigent Defense Commission and previews of upcoming oral arguments being conducted in the Utah Supreme Court in criminal law cases;

• alerts after the Utah Supreme Court or United States Supreme Court issues an opinion involving or relating to criminal law and criminal defense practice.

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