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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)(2) at least one of the appointed attorneys must have appearedas counsel or co-counsel in a capital or a felony homicide case whichwas tried to a jury and which went to final verdict;

 

(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

 

(b)(4) the experience of one of the appointed attorneys must totalnot less than five years in the active practice of law.

 

(c) Capital case appointment considerations.? In making its selection of attorneys for a

appointment in a capital case, the court should alsoconsider at least the following factors:

 

(c)(1) whether one or more of the attorneys under considerationhave previously appeared as counsel or co-counsel in a capital case;

 

(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)(3) the extent to which the attorneys under consideration haveengaged in the active practice of criminal law in the past five years;

 

(c)(4) the diligence, competency, the total workload, and abilityof the attorneys being considered; and

 

(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:

 

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

 

(d)(2) at least one attorney must have attended and completedwithin the past five years an approved continuing legal education course whichdeals, in substantial part, with the trial or appeal of death penalty cases.

 

(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)(1) at least one of the appointed attorneys must have served ascounsel in at least three felony or post-conviction appeals;

 

(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

 

(e)(5) the experience of at least one of the appointed attorneysmust total not less than five years in the active practice of law.

 

(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 attorneys fees for post-conviction counsel shall be paidpursuant to Utah Code ? 78B-9-202(2)(a).

 

Effective December 19,2018