House approves indigent defense commission with state funding after floor debate

The Utah House on March 9 passed fifth substitute SB155, creating a state indigent defense commission and a commissioner to oversee county indigent defense services and provide grants to offset costs such as expert witnesses.

Representative McKay, the House sponsor, told colleagues the measure responds to disparities in funding and representation across counties. McKay said the state’s review found many indigent defendants receive only “11 to 15 minutes” with their public defender and noted that Salt Lake County spends roughly $17 million on indigent defense while the other 28 counties combined spend about $12 million.

The bill establishes model contracts, oversight and a trust fund distribution that gives counties additional matching dollars based on county class; McKay described a proposed appropriation package as a $1.5 million one-time allocation with $500,000 ongoing and other county match incentives. He said grants will help cover high-cost items and that the commission will provide supervision and contract templates for counties.

Supporters said the bill takes important, practical steps to improve access to counsel and to reduce perverse incentives that can arise when local contract arrangements discourage vigorous defense. After limited floor debate and a unanimous roll call in favor from most members, the bill passed the House 74-1 and will be transmitted to the Senate for further consideration.

The bill’s next steps include Senate consideration and any implementing rules or fiscal adjustments required before funds are released to counties.