77-32-304 - Duties of assigned counsel -- Compensation. - Utah Statutes

77-32-304. Duties of assigned counsel -- Compensation.
(1) When representing an indigent, the assigned counsel shall:
(a) counsel and defend the indigent at every stage of the proceeding following assignment;and
(b) file any first appeal of right or other remedy before or after conviction that theassigned counsel considers to be in the interest of justice, except for other and subsequentdiscretionary appeals or discretionary writ proceedings.
(2) An assigned counsel may not have the duty or power under this section to representan indigent in any discretionary appeal or action for a discretionary writ, other than in ameaningful first appeal of right to assure the indigent an adequate opportunity to present theindigent's claims fairly in the context of the appellate process of this state.
(3) An assigned counsel for an indigent shall be entitled to compensation upon:
(a) approval of the district court where the original trial was held;
(b) a showing that:
(i) the indigent has been denied a constitutional right; or
(ii) there was newly discovered evidence that would show the indigent's innocence; and
(c) that the legal services rendered by counsel were:
(i) other than that required under this chapter or under a separate fee arrangement; and
(ii) necessary for the indigent and not for the purpose of delaying the judgment of theoriginal trier of fact.

Renumbered and Amended by Chapter 354, 1997 General Session