Rule 8 - Appointment of Counsel(a)Right to counsel. A defendant charged with a public offense has the right to self representation, and if indigent, has the right to court-appointed counsel if the defendant faces any possibility of the deprivation of liberty.(b)Capital case qualifications. In all cases in which counsel is appointed to represent an indigent defendant who is charged with an offense for which the punishment may be death, the court will appoint two or more attorneys to represent the defendant and will make a finding on the record that appointed counsel is competent in the trial of capital cases. To be found competent to represent a defendant charged in a capital case, the combined experience of the appointed attorneys must meet the following requirements: (1) at least one of the appointed attorneys must have tried to verdict at least six felony cases as defense counsel within the past four years or 25 felony cases total, with at least six of the 25 felony cases as defense counsel;(2) at least one of the appointed attorneys must have appeared as defense counsel or defense co-counsel in a capital or a felony homicide case which was tried to a jury and which went to final verdict;(3) within the last five years, at least one of the appointed attorneys must have completed or taught in person, at least eight hours of approved continuing legal education which dealt, in substantial part, with the representation of defendants in death penalty cases; and(4) at least one of the appointed attorneys must have at least five years of experience in the active practice of law.(c)Capital case appointment considerations. In making its selection of attorneys for appointment in a capital case, the court will also consider at least the following factors: (1) whether one or more of the attorneys under consideration have previously appeared as defense counsel or defense co-counsel in a capital case;(2) the extent to which the attorneys under consideration have sufficient time and support and can dedicate those resources to the representation of the defendant in the capital case now pending before the court with undivided loyalty to the defendant;(3) the extent to which the attorneys under consideration have engaged in the active practice of criminal law in the past five years;(4) the diligence, competency, the total workload, and ability of the attorneys being considered; and(5) any other factor which may be relevant to a determination that counsel to be appointed will fairly, efficiently and effectively provide representation to the defendant.(d)Capital case appeals. In all cases where an indigent defendant is sentenced to death, the court will appoint one or more attorneys to represent such defendant on appeal and will make a finding that counsel is competent in the appeal of capital cases. To be found competent to represent on appeal a person sentenced to death, the combined experience of the appointed attorneys must meet the following requirements: (1) at least one attorney must have served as counsel in at least three felony appeals; and(2) within the last five years, at least one attorney must have attended and completed an approved continuing legal education course which dealt, in substantial part, with the trial or appeal of death penalty cases.(e)Post-conviction cases. In all cases in which counsel is appointed to represent an indigent petitioner pursuant to Utah Code section 78B-9-202, the court will appoint one or more attorneys to represent such petitioner at post-conviction trial and on post-conviction appeal and will make a finding that counsel is qualified to represent persons sentenced to death in post-conviction cases. To be found qualified, the combined experience of the appointed attorneys must meet the following requirements: (1) at least one of the appointed attorneys must have served as counsel in at least three felony or post-conviction appeals;(2) at least one of the appointed attorneys must have appeared as counsel or co-counsel in a post-conviction case at the evidentiary hearing, on appeal, or otherwise demonstrated proficiency in the area of post-conviction litigation;(3) within the last five years at least one of the appointed attorneys must have attended and completed or taught an approved continuing legal education course which dealt, in substantial part, with the trial and appeal of death penalty cases or with the prosecution or defense of post-conviction proceedings in death penalty cases;(4) at least one of the appointed attorneys must have tried to judgment or verdict three civil jury or felony cases within the past four years or ten cases total; and(5) the experience of at least one of the appointed attorneys must 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 court of record, the court will select an attorney from the appellate roster maintained by the Board of Appellate Judges under rule 11-401 of the Utah Rules of Judicial Administration, subject to any exemptions established by that rule.(g)Noncompliance. Mere noncompliance with this rule or failure to follow the guidelines set forth in this rule will not in itself be grounds for establishing that appointed counsel ineffectively represented the defendant at trial or on appeal.(h)Litigation expenses and attorney fees.(1) Litigation expenses and attorney fees for appointed counsel will be paid as described in Chapter 32 of Title 77.(2) Litigation expenses and attorney fees for post-conviction counsel will be paid pursuant to Utah Code section 78B-9-202.Amended effective 12/19/2018; amended August 14, 2024, effective 11/1/2024.