Rule 8. Appointment ofcounsel.
(a) Right to counsel.? Adefendant charged with a public offense has the right to self-representation,and if indigent, has the right to court-appointed counsel if the defendantfaces any possibility of the deprivation of liberty.
(b) Capital case qualifications.?In all cases in which counsel is appointed to represent an indigentdefendant who is charged with an offense for which the punishment may be death,the court shall appoint two or more attorneys to represent such defendant andshall make a finding on the record based on the requirements set forth belowthat appointed counsel is competent in the trial of capital cases. In makingits determination, the court shall ensure that the experience of counsel whoare under consideration for appointment have met the following minimumrequirements:
(b)(1) at least one ofthe appointed attorneys must have tried to verdict six felony cases within thepast four years or twenty-five felony cases total;
(b)(3) at least one ofthe appointed attorneys must have completed or taught within the past fiveyears an approved continuing legal education course or courses at least eighthours of which deal, in substantial part, with the trial of death penaltycases; and
(c) Capital case appointment considerations.
(c)(2) the extent towhich the attorneys under consideration have sufficient time and support andcan dedicate those resources to the representation of the defendant in thecapital case now pending before the court with undivided loyalty to thedefendant;
(c)(5) any other factorwhich may be relevant to a determination that counsel to be appointed willfairly, efficiently and effectively provide representation to the defendant.
(d) Capital case appeals.? In allcases where an indigent defendant is sentenced to death, the court shallappoint one or more attorneys to represent such defendant on appeal and shallmake a finding that counsel is competent in the appeal of capital cases. To befound competent to represent on appealpersons sentenced to death, the combined experience of the appointed attorneysmust meet the following requirements:
(e) Post-conviction cases. ?Inall cases in which counsel is appointed to represent an indigent petitionerpursuant to Utah Code ? 78B-9-202(2)(a), the court shall appoint one or moreattorneys to represent such petitioner at post-conviction trial and onpost-conviction appeal and shall make a finding that counsel is qualified torepresent persons sentenced to death in post-conviction cases. To be foundqualified, the combined experience of the appointed attorneys must meet thefollowing requirements:
(e)(2) at least one ofthe appointed 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 ofthe appointed attorneys must have attended and completed or taught within thepast five 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 ofthe appointed attorneys must have tried to judgment or verdict three civil juryor felony cases within the past four years or ten cases total; and
(f) Appointing from appellate roster.?When appointing counsel for an indigent defendant on appeal from a courtof record, the court must select an attorney from the appellate rostermaintained by the Board of Appellate Judges under rule 11-401 of the Utah Rulesof Judicial Administration, subject to any exemptions established by that rule.
(g) Noncompliance.? Merenoncompliance with this rule or failure to follow the guidelines set forth inthis rule shall not of itself be grounds for establishing that appointedcounsel ineffectively represented the defendant at trial or on appeal.
(h) Cost and attorney fees.?
(h)(1) Cost andattorneys' fees for appointed counsel shall be paid as described in Chapter 32of Title 77.
(h)(2) Costs and
Effective December 19,2018