Utah Court Rules – Published for Comment
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Posted: December 20, 2019
URCrP008. Appointment of Counsel. Amend. The amendments will change the requirements for capital case qualification, requiring experience to be as defense counsel and requiring education to be in-person training.
As a former prosecutor, I was directly responsible for prosecuting 3 Aggravated Murder cases to verdict. In so doing, I gained valuable experience and perspective that would benefit any person charged with this offense. It makes no sense that you can have substantial experience in deciding what qualifies as a capital offense, prosecuting these cases, but not being able to defend someone who has been so charged. I think the amendment unfairly disqualifies individuals that have the ability and know how to handle these types of cases. If it is experience that we are after, the amendment should not apply a blanket disqualification just because you sat on the other side of the table.