Salt Lake Legal Defender Ass'n v. Third District Court (Atherton)
Annotate this CaseJudge Judith Atherton presided over a criminal proceeding involving an indigent defendant in which Atherton ordered the Salt Lake Legal Defender Association (LDA) to provide funding for the defendant's expert. LDA was not given notice of the hearing on the defendant's motion requesting funding for his expert witness and was not present at the hearing. LDA filed a petition for extraordinary relief. The Supreme Court granted the petition and vacated Atherton's order, holding that Atherton violated LDA's right to due process by ordering LDA to provide funding for the defendant's expert witness without giving it notice or an opportunity to be heard. Remanded.
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