Administrative Services, Finance

Rule R25-14

Payment of Attorneys Fees in Death Penalty Cases

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35663
Filed: 01/12/2012 03:08:21 PM

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:

Subsection 78B-9-202(3) directs the Division of Finance to establish rules governing the payment of attorney fees and litigation expenses for indigent post-conviction death penalty petitioners.

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

On 03/31/2008, the Division of Finance received comment from Thomas Brunker, Assistant Attorney General. The comment pertained to the relationship between S.B. 277 (2008 General Session) and a proposed amendment to this rule, DAR No. 31011, published in the March 1, 2008, issue of the Utah State Bulletin. Subsequent to Mr. Brunker's comments, the proposed rule was allowed to lapse. A later proposed rule was filed that took into account amendments made by S.B. 277. No other comments have been received.

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

Subsection 78B-9-202(3) continues to require this rule. The Division of Finance continues to make payments under this program as required by the courts. 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:

Direct questions regarding this rule to:

• Barbara Sutherland at the above address, by phone at 801-538-3020, by FAX at 801-538-3244, or by Internet E-mail at bsutherland@utah.gov

Authorized by:

John Reidhead, Director

Effective:

01/12/2012