Title 78B - Judicial Code - Chapter 9 - Postconviction Remedies Act - Part 1 - General Provisions - Section 109 - Appointment of pro bono counsel.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utah Code

Page 1

Superseded 5/5/2021 78B-9-109 Appointment of pro bono counsel. (1) If any portion of the petition is not summarily dismissed, the court may, upon the request of an

indigent petitioner, appoint counsel on a pro bono basis to represent the petitioner in the post- conviction court or on post-conviction appeal. Counsel who represented the petitioner at trial or on the direct appeal may not be appointed to represent the petitioner under this section.

(2) In determining whether to appoint counsel, the court shall consider the following factors: (a) whether the petition or the appeal contains factual allegations that will require an evidentiary

hearing; and (b) whether the petition involves complicated issues of law or fact that require the assistance of

counsel for proper adjudication. (3) An allegation that counsel appointed under this section was ineffective cannot be the basis for

relief in any subsequent post-conviction petition.