Specifications include, but are not limited to: The IADD will contract with Providers to conduct investigations in the following manner: After determining a potential IAC claim exists that requires investigation, the IADD will work with selected Providers to ensure they are able to take a case and provide an effective and timely investigation into the underlying alleged criminal offense. Upon notice of assignment to investigate, Provider shall review the Provider’s total workload to determine if effective Services can be provided on an assigned case, considering any material conflict of interest. If a Provider refuses to take a case for investigation, the IADD will contact another Provider. Any Provider’s refusal to take a case for investigation will not preclude future investigations from being assigned to that Provider. The Provider agrees to maintain any professional license(s) required by the state of Utah and applicable city or county. The Provider shall maintain his/her license requirement during the entire period of the contractual agreement. By taking a case for investigation, the Provider agrees that s/he has the time, experience, training, and expertise to provide a thorough, competent, and effective investigation into the underlying criminal offense arising in counties in which the IADD is responsible to provide trial and appellate representation. Once a Provider accepts a case for investigation, s/he agrees to provide effective, timely, and continuing Services for the IADD, pursuant to the obligations set forth in Utah and Federal law, and this agreement. Once a Provider accepts a case for investigation, the Provider’s Appellate Defense Services shall include, but are not limited to: The following activities in a case: Reinvestigating the guilt phase or claims raised from the criminal case being appealed or pursued under the Act; Developing and maintaining positive and productive working relationships with clients and significant other case participants; Investigating the facts and circumstances of the alleged offense and the client’s background; Locating and interviewing witnesses, friends, and family members; Identifying, locating, and interviewing any missing witnesses or experts; Interviewing original trial and appellate counsel and thoroughly reviewing the trial and appellate file; Traveling to correctional institutions within and throughout the state to visit with incarcerated clients and witnesses; Traveling within and throughout the state to investigate, identify, interview witnesses or missing witnesses, friends, family members, and experts; Requesting, reviewing, analyzing, and summarizing court records, police reports, and other relevant documentation, and information; Organizing a case file; Providing support for appellate and postconviction attorneys in preparation of rule 23B litigation and/or other court proceedings, including but not limited to serving subpoenas, witness identification and relations, and preparing witness affidavits; assisting in the identification, selection preparation, and presentation of expert witnesses; and researching and writing on a myriad of issues; Providers agree to submit invoices to the IADD for payment of services rendered according to the monthly schedule outlined below. 2. Further, Providers agree to: Consistently communicate with appellate and/or trial counsel, return telephone calls, respond to inquiries, keep counsel updated on the investigation, and otherwise be accessible. Remain on the investigation/case through either the final disposition of the rule 23B evidentiary hearing (if applicable) or trial court proceeding, or termination of this Agreement by either party pursuant to this Agreement or for material breach. Track Services provided for indigent individuals appealing criminal convictions or petitioning for relief under the Act using Filevine to record work for billing, travel, visits, and other relevant information. Submit reports and invoices to the IADD for work performed, as requested by the IDC on a monthly basis. The invoices shall be submitted to the IADD by email no later than 15 days after the end of the month. Billing will not be accepted if it is received by the IADD beyond 30 days after the end of the month if prior approval has not been obtained from the Chief Appellate Officer. To maintain records to track the Services provided for each case for whom the Provider agrees to investigate and shall collect all relevant case information for each individual represented, and submit it to the IADD at iadd@utah.gov within three calendar days after accepting a case.
