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Rule 8. Appointment of counsel.

(a) A defendant charged with apublic offense has the right to self representation, and if indigent, has theright to court-appointed counsel if the defendant faces a substantialprobability of deprivation of liberty.

(b) In all cases in which counselis appointed to represent an indigent defendant who is charged with an offensefor which the punishment may be death, the court shall appoint two or moreattorneys to represent such defendant and shall make a finding on the recordbased on the requirements set forth below that appointed counsel is proficientin the trial of capital cases. In making its determination, the court shallensure that the experience of counsel who are under consideration forappointment have met the following minimum requirements:

(b)(1) at least one of theappointed attorneys must have tried to verdict six felony cases within the pastfour years or twenty-five felony cases total;

(b)(2) at least one of theappointed attorneys must have appeared as counsel or co-counsel in a capital ora felony homicide case which was tried to a jury andwhich went to final verdict;

(b)(3) at least one of theappointed attorneys must have completed or taught within the past five years anapproved continuing legal education course or courses at least eight hours ofwhich deal, in substantial part, with the trial of death penalty cases; and

(b)(4) the experience of one ofthe appointed attorneys must total not less than five years in the activepractice of law.

(c) In making its selection ofattorneys for appointment in a capital case, the court should also consider atleast the following factors:

(c)(1) whether one or more of theattorneys under consideration have previously appeared as counsel or co-counselin a capital case;

(c)(2) the extent to which theattorneys under consideration have sufficient time and support and can dedicatethose resources to the representation of the defendant in the capital case nowpending before the court with undivided loyalty to the defendant;

(c)(3) the extent to which theattorneys under consideration have engaged in the active practice of criminallaw in the past five years;

(c)(4) the diligence, competencyand ability of the attorneys being considered; and

(c)(5) any other factor which maybe relevant to a determination that counsel to be appointed will fairly, efficientlyand effectively provide representation to the defendant.

(d) In all cases where anindigent defendant is sentenced to death, the court shall appoint one or moreattorneys to represent such defendant on appeal and shall make a finding thatcounsel is proficient in the appeal of capital cases. To be found proficient torepresent on appeal persons sentenced to death, the combined experience of theappointed attorneys must meet the following requirements:

(d)(1) at least one attorney musthave served as counsel in at least three felony appeals; and

(d)(2) at least one attorney musthave attended and completed within the past five years an approved continuinglegal education course which deals, in substantial part, with the trial orappeal of death penalty cases.

(e) In all cases in which counselis appointed to represent an indigent petitioner pursuant to Utah Code Ann.Section 78B-9-202(2)(a), the court shall appoint one or more attorneys torepresent such petitioner at post-conviction trial and on post-convictionappeal and shall make a finding that counsel is qualified to represent personssentenced to death in post-conviction cases. To be found qualified, thecombined experience of the appointed attorneys must meet the followingrequirements:

(e)(1) at least one of theappointed attorneys must have served as counsel in at least three felony orpost-conviction appeals;

(e)(2) at least one of theappointed attorneys must have appeared as counsel or co-counsel in apost-conviction case at the evidentiary hearing, on appeal, or otherwisedemonstrated proficiency in the area of post-conviction litigation;

(e)(3) at least one of theappointed attorneys must have attended and completed or taught within the pastfive years an approved continuing legal education course which dealt, insubstantial part, with the trial and appeal of death penalty cases or with theprosecution or defense of post-conviction proceedings in death penalty cases;

(e)(4) at least one of theappointed attorneys must have tried to judgment or verdict three civil jury orfelony cases within the past four years or ten cases total; and

(e)(5) the experience of at leastone of the appointed attorneys must total not less than five years in theactive practice of law.

(f) Mere noncompliance with thisrule or failure to follow the guidelines set forth in this rule shall not ofitself be grounds for establishing that appointed counsel ineffectivelyrepresented the defendant at trial or on appeal.

(g) Cost and attorneys' fees forappointed counsel shall be paid as described in Chapter 32 of Title 77.

(h) Costs and attorneys fees forpost-conviction counsel shall be paid pursuant to Utah Code Ann. Section78B-9-202(2)(a).