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Utah County is paying more for attorneys for Tyler Robinson, accused in Charlie Kirk killing, than in other death penalty cases

The county is currently paying for defense costs for three death penalty cases.

(Laura Seitz | Pool) Defense attorneys Richard G. Novak, left, Michael N. Burt, and Kathryn Nester, who are representing Tyler Robinson, the man accused of killing Charlie Kirk at Utah Valley University, appear at a waiver hearing in 4th District Court in Provo on Monday, Sept. 29, 2025.

Utah County officials say the increased attention and public scrutiny of the death penalty case against Tyler Robinson, the 22-year-old accused of fatally shooting conservative activist Charlie Kirk, contributed to their decision to pay more for Robinson’s defense compared to other capital cases they’re funding.

Robinson 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. Utah County prosecutors charged him with seven counts, including aggravated murder, and he faces a potential death sentence if he’s convicted.

(Left: Trent Nelson | The Salt Lake Tribune; right: Utah County Sheriff's Office) Kathryn Nester, left, the defense attorney assigned to represent Tyler Robinson has filed a motion arguing that Robinson should be allowed to wear plain clothes during court hearings. Robinson has been charged with aggravated murder in the Sept. 10, 2025, shooting death of political activist Charlie Kirk.

A judge has found that Robinson can’t afford his own attorney — so Utah County is now constitutionally required to foot the bill for his defense. Officials have estimated it could cost more than $1 million to fund both the prosecution and the defense.

But Robinson’s case isn’t the only death penalty-eligible case being prosecuted right now in Utah County. The state’s second-largest county is also currently paying defense costs for two other men who could face the death penalty if convicted.

Michael Aaron Jayne is a semitruck driver accused of intentionally crashing into a police car and killing a Utah police officer last year. Douglas Stewart Carter is a longtime death row inmate, accused in 1985 of killing the aunt of the then-Provo police chief; Carter’s conviction and death sentence was overturned due to police and prosecutor misconduct.

But attorneys for those men are being paid less than Kathryn Nester and her defense team who are representing Robinson, according to contracts released to The Salt Lake Tribune in response to a records request.

And those other attorneys have limits to how much they can charge the county — while Nester’s team does not, according to the contracts.

The attorneys representing Robinson are being paid $275 an hour, while those representing Jayne and Carter are each making $225 an hour.

“We knew from the outset that the Robinson case is going to require much more work than a typical case when it comes to evidence, media attention, public scrutiny and more. That’s reflected in the rate,” said Rich Piatt, a spokesperson for Utah County. “Knowing that the Robinson case was extraordinary going into it, we worked on that language ahead of time.”

Nester declined to comment on her contract Wednesday.

Piatt noted that the county contracts with prominent Utah attorney Greg Skordas to help with both selecting which attorneys are qualified to handle death penalty contracts, and to advise on each contract. (Skordas is paid $250 an hour for this work, according to his contract.)

Public defenders representing Jayne and Carter can’t be paid more than $200,000, according to their contracts. There’s also limits to what they can spend on investigators and mitigation experts — caps which don’t exist in the contract for Robinson’s defense.

Piatt said that the county recognizes that the needs in Jayne’s and Carter’s cases will also vary, and pointed to a process in their contracts where defense attorneys can seek additional compensation for “extraordinary circumstances.”

Robinson is expected to be in court on Oct. 30, which will likely be the first time he appears in a Provo courtroom in person. He has attended his two previous court hearings via a video feed from the Utah County jail, where he has been held since he was arrested last month.

The Utah County Sheriff’s Office heightened its security at the courthouse during Robinson’s last hearing — though the defendant wasn’t at the courthouse. Officials have said they will continue the high security at Robinson’s subsequent hearings.

Safety and security are also briefly addressed in the public defender contract for Robinson: Utah County has agreed to pay $40 an hour for his defense team to hire security for court appearances.