No. 29424: R25-14. Payment of Attorneys Fees in Death Penalty Cases

DAR File No.: 29424
Filed: 01/17/2007, 12:46
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 78-35a-202 requires the Division of Finance to pay the cost of counsel and other reasonable litigation expenses in providing representation to indigent persons in death penalty cases. It further requires the Division of Finance to establish rules to enact the provision.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since this rule became effective.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is required by statute. It is necessary to define both the legal services eligible for reimbursement and the limits for amounts paid for legal services. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Finance
Room 2110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Marilee Richins at the above address, by phone at 801-538-3450, by FAX at 801-538-3244, or by Internet E-mail at [e-mail]

Authorized by:

John Reidhead, Director