Utah County officials announced Wednesday afternoon that the county has contracted with a prominent public defender to represent Tyler James Robinson, the 22-year-old man accused of fatally shooting conservative activist Charlie Kirk.
“Our taxpayers will now foot the bill,” a Utah County commissioner said Wednesday, before the County Commission approved a contract for the lawyer who will represent Tyler Robinson, accused of fatally shooting Charlie Kirk.
Utah County officials announced Wednesday afternoon that the county has contracted with a prominent public defender to represent Tyler James Robinson, the 22-year-old man accused of fatally shooting conservative activist Charlie Kirk.
The Utah County Commission on Wednesday approved the contract for defense attorney Kathryn Nester to represent Robinson. He is accused of shooting Kirk, the controversial Turning Point USA founder, on Sept. 10 while Kirk was speaking in front of thousands at Utah Valley University.
Robinson faces a potential death penalty if he is convicted. Utah County prosecutors charged him with seven counts, including aggravated murder. He also faces charges accusing him of illegally discharging a firearm, obstructing justice, witness tampering and committing violence in the presence of children.
During his first court appearance last week, a judge found that Robinson could not afford his own attorney — so Utah County is now constitutionally required to foot the bill.
(Trent Nelson | The Salt Lake Tribune) Charlie Kirk before he was shot and killed while speaking at Utah Valley University.
Robinson is expected to be in a Utah County courtroom Monday for his next court appearance. Nester declined to comment on Robinson’s case and her contract Wednesday evening.
Why is Utah County paying?
When someone is charged with a crime, it’s their constitutional right to have an attorney in the courtroom representing them. But if they can’t afford a lawyer, it’s the government’s responsibility to pay for and provide them one.
Utah County funds the Utah County Public Defender Association, which generally represents defendants who can’t afford their own counsel, but it awarded the separate contract for Robinson’s more complex case to Nester.
The commission approved the contract during a closed portion of its Wednesday meeting. Utah County spokesperson Richard Piatt told The Salt Lake Tribune that it’s not known what the final cost for Robinson’s entire defense case will be, but it was estimated that Nester will need $750,000 over the next year. Piatt said that the prosecutors’ office is expected to receive about $600,000 to cover its costs.
There is a rainy day fund that county can access, he said. But it’s possible that, during the budget process this next year, some requests from other department heads could go unfunded, he added.
Before approving the funding in the closed session, Commissioner Amelia Powers Gardner said that it was the commission’s duty to carry out the law fairly so both the prosecution and the defense are well-equipped and competent.
“Scripture reminds us that vengeance is the Lord’s, and ultimately justice and mercy and grace belong to Christ alone,” she said. “At the same time, as an elected official who has sworn an oath to uphold the Constitution of this great nation, I have a solemn duty as a steward of government to uphold the rule of law.”
Commissioner Skyler Beltran said that the county is in a “unique position” where it funds both the defense and the prosecution. In Utah, the state has delegated to the counties the cost of criminal lawyers for those who are accused of crimes and can’t afford their own attorney.
“We’re going to approve over a million dollars today in an expense for an event that we didn’t want,” he said, speaking about both the defense and prosecution costs. “None of us wanted [it] and it happened to be here, and our taxpayers will now foot the bill. It’s very unfortunate, but we don’t have a choice. We have to do it.”
Who is Nester?
Nester has been a trial lawyer in both the federal and Utah court system for over 30 years, according to her biography on her law firm’s website. She was previously the head of federal defender offices in both Salt Lake City and in San Diego.
(Rick Bowmer | AP) Attorney Kathryn Nester, right, speaks to her client Kouri Richins during a 2024 court hearing.
She has represented high-profile clients such as convicted real estate fraudster Rick Koerber and Lyle Jeffs, a leader of a Utah polygamous sect who was convicted of food stamp fraud.
She more recently represented Kouri Richins, a grief author accused of killing her husband, and Kirk Moore, a Utah plastic surgeon who was accused of giving patients fraudulent COVID-19 vaccination cards and throwing away unused vaccines. (Moore’s charges were dropped mid-trial at the direction of Attorney General Pam Bondi.)
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