home > newsroom County Must Appoint Counsel For Child Abuse Substantiation Hearings FOR IMMEDIATE RELEASE December 3, 2002 SALT LAKE CITY -- In a finding that could affect hundreds of Salt Lake County residents, Salt Lake County Deputy District Attorney Brent Cameron has concluded that the county must appoint counsel for indigent parents, guardians, and custodians who are facing child abuse substantiation hearings in the Third District Juvenile Court. The District Attorney’s Office issued its memo after the American Civil Liberties Union of Utah filed a memorandum in support of appointed counsel for Paul Johnson. In July, the Division of Child and Family Services (DCFS) petitioned the Juvenile Court to substantiate its investigative findings that Johnson was guilty of child abuse. "The Deputy District Attorney has stated that proper attention must be paid to the due process rights of indigent parents facing substantiation hearings," said ACLU of Utah staff attorney Janelle Eurick after reviewing the memo. "Utah law clearly states that indigent people have the right to appointed counsel during every stage of a criminal proceeding, and the county has properly recognized that this must include DCFS child abuse substantiation hearings." The stakes are high for Johnson and others who are similarly situated. If a Juvenile Court judge determines that DCFS has sufficient proof, parents will be prosecuted for child abuse, which can lead to imprisonment or the termination of parental rights. In order to qualify for appointed counsel, the court must first find that the parent or guardian is indigent. The Deputy District Attorney’s findings will take effect once Third District Juvenile Court Judge Joseph W. Anderson issues an opinion in State of Utah v. Paul Johnson. --end-- Click here for more information about the case >> _________________________ District Attorney Salt Lake County 2001 South State Street, S3600 Salt Lake City, Utah 84190-1210 November 26, 2002 Bruce Thomas, Court Executive Third District Juvenile Court 450 South State P.O. Box 140431 Salt Lake City, UT 84114-0431 RE: County’s Responsibility to Pay for the Cost of Appointed Counsel in Substantiation Proceedings under DCFS’s Licensing Information System. Dear Bruce: After analyzing the above referenced matter, I have concluded that the County has the responsibility to pay for the cost of appointed counsel for indigent parents, guardian, custodian (legal custody) and the minor, pursuant to U.C.A. § 78-3a-913, in the DCFS Substantiation proceedings. The County does not believe it has the responsibility to pay for appointed counsel of alleged perpetrators who are not specifically enumerated in U.C.A. § 78-3a-913, and of course the County is not responsible unless there is a finding of indigency. The County has contracts with the following Attorney(s); LAHERTY & ASSOCIATES, P.C. Attorney at Law 9 East Exchange Place, Suite 400 Boston Building Salt Lake City, Utah 84111 Tel (801) 359-8003 Fax (801) 359-0181 ARNOLD & WIGGINS, P.C. American Plaza II, Suite 105 57 West 200 South Salt Lake City, Utah 84101 Tel (801) 328-4333 Fax (801) 328-2405 PAPPAS & ASSOCIATES Attorneys at Law 8 East Broadway, Suite 213 Salt Lake City, Utah 84111 Tel (801) 521-5225 Fax (801) 521-5268 GARY L. BELL Attorney & Counselor at Law 254 West 400 South, Suite 320 Salt Lake City, Utah 84101-1848 Tel (801) 532-0827 Fax (801) 359-6873 TANIELA K. FIEFIA Law Office P.O. Box 16440 Salt Lake City, Utah 84116 Tel (801) 359-5535 Fax (801) 359-5536 JEFFERY J. NOLAND Attorney at Law 925 East 900 South, Suite 33 Salt Lake City, Utah 84105 Tel (801) 359-2292 Fax (801) 359-3956 JUSTIN GARY JENSEN Attorney at Law 1192 East Draper Parkway #467 Draper, Utah 84111 Tel (801) 545-8893 Fax (801) 545-8902 And recommends at least for the next several months, that the Juvenile Judges appoint the same contract attorney(s) as are representing the alleged perpetrator in related matters. If this is not possible we recommend that they appoint from the above list of contract attorney(s) on a rotating basis. The above attorney(s) have been notified of this recommendation. The County is attempting to determine the approximate number of substantiation hearings in order to access whether the above recommended method of appointment is realistic or whether the County should initiate new contracts through a bidding process. I am attaching a copy of the County’s voluntary dismissal of its objection in State v Johnson (Case No. 163609) and will send a copy of this letter to Judge Anderson and the other Parties in that case. I would appreciate your notification of the other Judges. Please let me know if I can be of further assistance. Sincerely, Brent H. Cameron Deputy District Attorney Civil Division

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