67-5a - Utah Prosecution Council
Title 67 > 67-5a
Sections (8)
67-5a-1 - Utah Prosecution Council — Duties — Membership.
67-5a-1(1) There is created within the Office of the Attorney General the Utah Prosecution Council, referred to as the council in this chapter. 67-5a-1(2) The council shall:
provide training and continuing legal education for state and local prosecutors; and ensure that any training or continuing legal education described in Subsection (2)(a)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements; provide assistance to local prosecutors; as funds are available and as are budgeted for this purpose, provide reimbursement for unusual expenses related to prosecution for violations of state laws; provide training and assistance to law enforcement officers, as required elsewhere within this code; and gather and maintain contact information for all prosecuting entities in the state; provide the contact information for all prosecuting entities in the state to the Utah state courts; and publish the contact information for all prosecuting entities in the state on the council’s website. 67-5a-1(3) The council shall be composed of 12 members, selected as follows:
the attorney general or a designated representative; the commissioner of public safety or a designated representative; four currently serving county or district attorneys designated by the county or district attorneys’ section of the Utah Association of Counties; four city prosecutors designated as follows: two by the Utah Municipal Attorneys Association; and two by the Utah Misdemeanor Prosecutors Association; the chair of the Board of Directors of the Statewide Association of Prosecutors and Public Attorneys of Utah; and the chair of the governing board of the Utah Prosecutorial Assistants Association. 67-5a-1(4) Council members designated in Subsections (3)(c) and (3)(d) shall be approved by a majority vote of currently serving council members. 67-5a-1(5) A county or district attorney’s term expires when a successor is designated by the county or district attorneys’ section or when the county or district attorney is no longer serving as a county attorney or district attorney, whichever occurs first. 67-5a-1(6) A city prosecutor’s term expires when a successor is designated by the association or when the city prosecutor is no longer employed as a city prosecutor, whichever occurs first.
67-5a-2 - Terms — Filling vacancies — Chair.
67-5a-2(1) The term of each council member is four years, unless the term is earlier terminated by:
the authority that designated the member; the member ceasing to hold the office that qualified the member for membership; or voluntary resignation. 67-5a-2(2) A member whose term has expired may continue, for not more than four months, to serve as a council member until a successor is selected and approved. 67-5a-2(3) Council members may serve for more than one successive term. 67-5a-2(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for a full term that commences on the date of council approval. The vacancy shall be filled according to the provisions of Section 67-5a-1. 67-5a-2(5) The council shall elect by a majority vote one of its members as chair at its first meeting and then annually.
67-5a-3 - Per diem and travel expenses.
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with: 67-5a-3(1) Section 63A-3-106; 67-5a-3(2) Section 63A-3-107; and 67-5a-3(3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
67-5a-4 - Holding public employment.
A member of the council may not be disqualified as a member by holding any public office or employment, and does not forfeit any office or employment due to membership on the council. This section takes precedence over any conflicting state law, local ordinance, or city charter.
67-5a-5 - Quorum — Meetings.
67-5a-5(1) The attendance of six members at any regular or special meeting of the council constitutes a quorum. Any member may designate in writing a representative to attend any meeting. The representative’s attendance shall be counted toward the quorum, and the representative may vote on any issue. 67-5a-5(2) A majority vote of the attending members or their representatives constituting a quorum is sufficient to carry any motion unless the council has by prior vote designated a greater percentage than a majority to sustain an action. 67-5a-5(3) The council shall meet at least quarterly at a time and place it designates. The chair, a majority of the members of the council, or the council director may call a special meeting at any time or place upon five days notice to all of the members. A quorum of all members may waive notice requirements in writing.
67-5a-6 - Council director — Qualifications and compensation.
67-5a-6(1) The council shall appoint a director. The director is the chief administrative officer and serves at the pleasure of the council. 67-5a-6(2) The director shall:
be an attorney admitted to practice in the courts of the state; be selected on the basis of professional ability and experience in the fields of administration, prosecution, and criminal law; and possess an understanding of court procedures, evidence, and criminal law. 67-5a-6(3) The director shall appoint resource prosecutors, with the consent of the council, and consistent with attorney general personnel policies that are not in conflict with this chapter. Resource prosecutors shall serve at the pleasure of the council. Resource prosecutors shall:
be an attorney admitted to practice in the courts of this state; be selected on the basis of professional ability and experience in the fields of prosecution and criminal law; and possess an understanding of court procedures, evidence, and criminal law. 67-5a-6(4) The director shall appoint and supervise administrative staff consistent with attorney general personnel policy. 67-5a-6(5) The council shall select and establish the compensation of the director, resource prosecutors, and administrative staff consistent with state personnel policies.
67-5a-7 - Responsibilities of the director.
Under the general supervision of the council and within the policies established by the council, the director has the responsibility to: 67-5a-7(1) assign, supervise, and direct the staff of the council; 67-5a-7(2) implement the standards, policies, rules, and guidelines of the council; 67-5a-7(3) prepare and administer the budget of the council and comply with the Utah Budgetary Procedures Act; 67-5a-7(4) maintain liaison with governmental and other public and private groups having an interest in prosecution; 67-5a-7(5) organize and administer a program of training and continuing legal education for prosecutors in the state, including establishing training standards for prosecutors; 67-5a-7(6) ensure all statutory required training occurs; and 67-5a-7(7) perform other duties as assigned by the council.
67-5a-8 - Administration.
67-5a-8(1) In exercising its duties in the administration of this chapter, the council shall minimize costs of administration and utilize existing training facilities and resources where possible so the greatest portion of the funds available are expended for training prosecuting attorneys. 67-5a-8(2) Council staff may receive per diem and travel expenses in accordance with:
Section 63A-3-106; Section 63A-3-107; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.