Section 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 facing an action initiated by the state under:
    • (i)Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;
    • (ii)Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
    • (iii)Title 80, Chapter 4, Termination and Restoration of Parental Rights;
  • (c) a parent or legal guardian facing an action initiated by any party under:
    • (i) Section 78B-6-112; or
    • (ii)Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
  • (d) an individual described in this Subsection (1), who is appealing a conviction or other final court action.

• (2) If an individual described in Subsection (1) does not knowingly and voluntarily waive the right to counsel, the court shall determine whether the individual is indigent under Section 78B-22-202.

Amended by Chapter 281, 2022 General Session