Attorney is challenging prosecutor's fee system

WEST JORDAN — If you're accused of committing a crime, Salt Lake County prosecutors may charge you to see all the evidence they have against you.

Defense attorney Roger Kraft is challenging the Salt Lake County District Attorney's Office's new policy of charging defendants for "discovery" evidence that previously was available for free.

That evidence typically consists of paperwork, photographs and other items that one side plans to use in litigation. In criminal cases, the defense is entitled to full knowledge of the evidence lodged against a person and that can include police reports, copies of interviews, videotapes and other items.

Budget constraints prompted Miller to start charging fees for that evidence in September. However, there is no charge for indigent clients who are represented by public defenders.

Her office charges $25 for an initial discovery packet printed on paper, $20 for a videotape and $1 per photograph, as well as fees for shipping, production and research. The costs are somewhat less for material in digital form.

The Utah Court of Appeals in 2006 issued a ruling in a Washington County case involving a man convicted of intoxication that permitted prosecutors to charge "reasonable fees" for discovery materials for defendants who were able to hire their own attorneys.

Miller said she adopted the fee system as a means to save taxpayers money by requiring those who are using a service and can pay for it to do so. "This is not new. I didn't invent it. Other counties in Utah, and other states, have been doing this," Miller said.

Kraft is representing a woman pro bono, or for free, and disagrees with Miller's policy on fees for discovery evidence.

Holly Kimball, 35, is charged with inflicting serious physical injury on a child with criminal negligence, a class A misdemeanor. Prosecutors claim Kimball on Aug. 18 put duct tape over the mouth of her 12-year-old son, who is autistic, has muscular dystrophy and uses a wheelchair, because the boy had been acting up.

Her husband, Steven Kimball, 42, is charged with second-degree felony child abuse for allegedly tearing the tape off roughly in a manner intended to hurt the youth. His case is before a different judge with a different defense attorney.

Kraft told 3rd District Judge Mark Kouris on Thursday that he wants to challenge the discovery fee policy and the judge set dates for legal briefs to be filed by both sides as well as a hearing for oral arguments.