Effective 5/4/2022 78B-22-201. Right to counsel. (1) A court shall advise the following of the individual’s right to counsel no later than the individual’s first court appearance: (a) an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless of whether actually imposed; (b) a parent or legal guardian […]
Effective 11/16/2021 78B-22-201.5. Affidavit of indigency. (1) Except as provided in Subsection (5), on or after January 1, 2022, an individual, who is seeking appointment of an indigent defense service provider, shall submit an affidavit of indigency described in Subsection (2) to the court. (2) An affidavit of indigency shall include the following information: (a) […]
Effective 11/16/2021 78B-22-202. Determining indigency. (1) A court shall find an individual indigent if the individual: (a) has an income level at or below 150% of the United States poverty level as defined by the most recent poverty income guidelines published by the United States Department of Health and Human Services; or (b) has insufficient […]
Effective 5/4/2022 78B-22-203. Order for indigent defense services. (1) (a) A court shall appoint an indigent defense service provider who is employed by an indigent defense system or who has a contract with an indigent defense system to provide indigent defense services for an individual over whom the court has jurisdiction if: (i) the individual […]
Effective 5/5/2021 78B-22-204. Waiver by a minor. A minor may not waive the right to be represented by counsel at all stages of court proceedings unless: (1) the minor has consulted with counsel; and (2) the court is satisfied that in light of the minor’s unique circumstances and attributes: (a) the minor’s waiver is knowing […]
