URCrP008. Appointment of counsel. Amend. The Supreme Court has requested an additional round of public comment to Rule 8. The current proposal changes the process of securing a waiver of the right to counsel and the appointment of counsel in capital cases.
URCrP008. Appointment of counsel. (AMEND). The language of this rule has been amended to clarify when the right to counsel applies to defendants charged with a criminal offense. The rule also includes a new subsection to explain the right to self-representation and how a defendant may waive the right to counsel. The colloquy courts should engage with defendants seeking to waive the right is provided in this addition. Finally, the rule clarifies the prerequisite qualifications for attorneys appointed to represent defendants charged in capital cases.
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.
URCrP007C. Amend. The amendments to rule 7C will bring the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.
URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.
URCrP 08. Appointment of counsel. Amend. The amendments change the requirements to be appointed in capital cases, including increasing the number of education hours and requiring substantial work on a prior capital case.
URCrP 15.5. Out of court statement and testimony of child victims or child witnesses of sexual or physical abuse – Conditions of admissibility. Amend. The amendments are intended to help bring the rule into compliance with the requirements of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
URCrP 33. Regulation of conduct in the courtroom. Amend. The amendments will permit a judge to sanction an attorney or party for incivility in pleadings or courtroom conduct.