Judge Atherton ordered the Salt Lake Legal Defenders to pay for an expert witness for a defendant in a criminal case.  The LDA was not happy and sued Judge Atherton for violating its rights.

The Supreme Court today agreed with the LDA.  The Court said that Judge Atherton could not require the LDA to hire an expert for a crimional defendant without giving the LDA the right to tell it’s side of the story to the judge.

A little background may help.

Under the U.S. and Utah Constitutions, indigent criminal defendants are entitled to have defense attorneys appointed at the expense of the government.  That obligation usually falls on the counties.  To satisfy that requirement, Salt Lake County hired an independent company to hire and manage the defense attorneys.  That independent company is the Salt Lake Legal Defender Association.  The LDA is not owned and operated by the County.  It is a separate not for profit business.

The LDA receives its funding from Salt Lake County.

You may wonder why the LDA cares if it receives its funding from Salt Lake County.  Won’t the LDA just get more money to pay for the expert witness?  The answer is no.  Salt Lake County has created a flat fee contract with the LDA.  There are a few exceptions, but for the most part, the LDA must pay for everything out of the budget amount.  They can’t just pass on extra costs to the county.

Because the Supreme Court ruled in favor of the LDA, Judge Atherton must hold another hearing.  She must give the LDA the opportunity to participate.  At tht hearing, the LDA will likely argue that it is not obligated by its contract with the county to pay for the expert.  The LDA will likely win and the County will end up paying for the defense expert.