Posted: December 1, 2017
Rules of Criminal Procedure – Comment Period Closed January 14, 2018
URCrP012 Amend. The proposed amendment will require service of pleadings on the Attorney General’s Office or the county or city attorney’s office when a party challenges the constitutionality of a statute or ordinance.
URCrP022 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.
URCrP036 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.
The amendment to Rule 22 is essential. Many indigent defendants are unaware of their right to counsel on direct appeal as their court-appointed trial attorney is often the only public defender contracting with Utah Counties, and that attorney is either not paid for appeals, or not experienced in appellate advocacy, or has a conflict of interest prohibiting them from asserting their client’s right to appeal. That situation leaves indigent defendants unable and often unaware of their constitutional right to counsel on direct appeal.
This Rule will complement the Supreme Court’s proposal to create an Appellate Roster of attorneys qualified to represent indigent defendants on appeal in Utah: https://www.utcourts.gov/utc/rules-comment/2017/11/22/new-rule-11-401-standing-committee-on-appellate-representation-comment-period-closes-january-6-2018/
Together, these rules are important steps forward in Utah’s effort to improve the constitutionality of its indigent defense services.