House rejects change to indigent-defense practice for justice courts; bill fails

House Bill 339, a bill aimed at ensuring parity in appointment of counsel for indigent defendants in Utah justice courts, failed its final passage on March 11 after a floor debate about costs and unintended local fiscal impacts.

Representative Greene, who introduced the bill, said the measure does not change the constitutional minimal standard for appointment of counsel but would charge the Judicial Council with ensuring each justice court had procedures and funding in place to meet that standard. Greene described several isolated jurisdictions that, he said, were imposing fines and incarcerating defendants without assuring constitutionally required counsel and said the Judicial Council could act as a watchdog to correct those practices.

Members questioned the fiscal note. Representative Greenwood asked why a prior fiscal estimate (between $750,000 and $1.5 million) did not reflect the sponsor’s claim of minimal cost; Greene explained the fiscal analyst prepared the number for the original bill language and that agencies did not re‑weigh in after committee amendments narrowed the bill. Representative Greenwood also asked about the local procedure for declaring indigence and how public defenders are paid; Greene explained courts use an affidavit and that jurisdictions contract with public defender services.

Representative Green (not the sponsor) and others warned of potential unintended local costs: increased appointments of public defenders in justice courts could shift costs to counties and cities that contract for those services. Representative Green summarized the sponsor’s position as charging the Judicial Council with oversight but not expanding statutory appointment standards.

When the vote was taken the Clerk reported 28 yes and 44 no; the bill failed and was filed. The transcript lists the bill as having received 28 yes votes and 44 no votes.