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Duchesne County formalizes employee defense policy as public defender office seeks staff and flat‑rate conflict counsel
Summary
The Duchesne County Commission approved a formal policy allowing in‑house criminal defense attorneys to represent county employees under investigation and heard a public defender office update about caseload pressures, budget overruns on conflict counsel, and plans to negotiate a flat‑rate contract.
The Duchesne County Commission on Aug. 18 approved a policy to formalize a process under which county‑provided criminal defense attorneys may represent county employees who face investigations that could lead to criminal charges. County Attorney Grant told the commission the intent is to “get the defense attorneys involved as early as possible” so employees have representation when investigations begin.
The public defender office reported it has been appointed about 255 district‑court cases since January 2025 and is managing juvenile and adult dockets out of a newly centralized office. The office said centralizing attorneys at the Irene Hanson Building has reduced inconsistent contract practices and improved training and coordination. “We’ve been appointed 255 district court cases,” the public defender reported during the meeting.
Why it matters: The change creates an option for employees to accept county representation (with a written waiver) or retain private counsel. Commissioners and staff said the policy could reduce ad‑hoc decisions, but it also shifts financial and staffing responsibilities to the county if more employees accept county counsel.
Budget and contracting concerns: The public defender described rising costs for conflict counsel and recommended negotiating a flat‑rate contract to limit overruns. County attorney Grant and public defender staff identified attorney Nathan Rawlings as a candidate for a negotiated conflict contract; staff said Melissa would post the contract and bring it back for approval. The office also requested budget line items for expert witnesses and investigators next fiscal year to avoid using reserves for necessary expenses.
Staffing and facilities: Speakers asked the commission to approve hiring an additional attorney to cover district, juvenile and potentially justice court work; the office noted that bringing justice court under its umbrella would create some revenue from contract jurisdictions but also require more staff. The public defender also reported HVAC failures at the Irene Hanson Building and requested that the county address building repairs and replacement as part of facilities planning.
What the commission did: Commissioners moved to approve the written policy formalizing county‑provided representation for employees (referred to in the discussion as policy number 745). The voice vote recorded support; the recording does not list a detailed roll‑call tally for this motion.
Next steps: Staff will (1) finalize the policy language and attach waiver forms, (2) begin negotiations for a flat‑rate conflict counsel contract and place it on an upcoming agenda, and (3) include requested line items for investigators and experts in next year’s budget planning.
