Canyons Criminal Defense Lawyers

Utah Criminal Defense Attorneys

Main Criminal Defense Navigation

  • Canyons Home
  • Defense Strategy
  • How We Can Help
    • Felony Defense
    • Misdemeanors
    • Jury Trials
    • Appeals
    • District Courts
    • Justice Courts
    • 402 Reductions
    • Pardon
    • Expungements
  • Your Defense Team
  • Contact Information

Criminal Defense Firm in Utah

Criminal Defense Attorneys
Serving Clients Statewide

Criminal Defense Law for Mobile Header

  • Criminal Defense
  • Contact Information
Home » Criminal Defense Attorneys Utah » Rule 8 – Appointed Counsel

Rule 8 – Appointed Counsel

December 20, 2019 By Stephen Howard

December 20, 2019 – Notice of Proposed Rule Change

The Utah Supreme Court gave notice today of a proposed change to Rule 8 of the Utah Rules of Criminal Procedure, and invited comments from the public on the proposed rule. The comment period is scheduled to end February 3, 2020.

Appointment of Counsel in Utah Criminal Cases

Rule 8 of the Utah Rules of Criminal Procedure governs the appointment of counsel in criminal cases. The rule recognizes the individual right of self-representation when facing criminal prosecution. The rule further recognizes the constitutional right of an indigent person to have counsel appointed by the court.

Proposed Changes to Capital Qualification Requirements

The proposed new rule includes small but significant changes addressing the training and experience required of an attorney being considered for appointment in a capital (death penalty) case.

Defense-Specific Experience Requirements

Rule 8 already requires an attorney who is to be appointed to represent a defendant in a capital case to have tried to verdict at least six felony cases within the most recent four years, or alternatively to have a career total of at least twenty-five felony trials.

The current Rule 8 does not specify which side of the case the attorney must have represented, nor does it require that the six (or twenty-five) trials must have been tried by jury.

The proposed changes would require that the appointed attorney have trial experience specifically as defense counsel. An attorney relying on six trials within the most recent four years must have represented the defense in each of those six trials. An attorney relying on a career total of twenty-five trials must have served as defense counsel in at least six of those trials.

Rule 8 as it exists requires that an attorney appointed in a capital case have previously appeared as counsel or co-counsel in at least one felony homicide jury trial which proceeded to final verdict. The term “felony homicide” is broad, and includes trials on lower level felony charges including manslaughter, automobile homicide, and others. The proposed revisions to Rule 8 would require that the appointed attorney have served as defense counsel in that jury trial.

Defense-Specific Training Requirement

The current Rule 8 requires that an attorney appointed in a capital case have completed (or taught) within the most recent five years at least eight hours of approved continuing legal education focused on the “trial of death penalty cases.” The proposed revision would require that such course focus on the “representation of defendants” in death penalty cases.

The proposed change to Rule 8 would also require that the capital defense courses be taught “in person.” Webinars, video recordings, or other remote or recorded presentations could not be used to satisfy the education requirement.

Appointment Considerations

In addition to the mandatory requirements discussed above, Rule 8 also currently requires a judge in a capital case, in selecting the attorney to be appointed to represent a defendant, to consider whether an attorney has previously appeared as counsel or co-counsel in a capital case. The proposed changes would direct the appointing court to consider whether an attorney has previously appeared in a capital case representing a defendant.

Conclusion

The proposed changes to Rule 8 appear to be aimed at improving the quality of representation provided to defendants in Utah who are facing the potential imposition of the ultimate penalty that a government can impose. By imposing more stringent requirements relating to experience and training, one likely effect of the rule will be to narrow the field of attorneys who meet the Rule 8 qualifications to be appointed as defense counsel in Utah capital cases.

Filed Under: Criminal Defense Attorneys Utah

Call a Utah Attorney

Call a Criminal Defense Attorney in Utah


Find Utah Criminal Law Help

Paragraph Spacer

5-Star Reviews for Utah Criminal Defense

5-Star Client Reviews

“. . . [E]xcellent representation in the courtroom as well as trial defense. They make a great team that saved my financial life and personal welfare.”


For the People – For Attorneys

Utah Attorney Protecting Liberty Rights

Knowing what you are facing in a Utah criminal prosecution is critical in choosing the right attorney to defend your rights. Articles in this section provide imformation about Utah's criminal justice system that each person should know. Click to learn more.

Important Information for Criminal Defense Lawyers in Utah

The "For Attorneys" section provides tips and articles from the Canyons team intended to assist Utah defense attorneys improve their knowledge base and hone the skills needed to successfully represent clients facing criminal prosecution. These materials must be considered in context of relevant constitutional provisions, procedural rules, case law, and statutes. Reliance on these materials by individuals without the assistance of an experienced attorney is not recommended.

Contact Form 7

    Contact a Lawyer for Criminal Defense in Utah





    CONTACT US

    Case Results – Select Victories in Utah Criminal Defense

    Utah Criminal Defense Attorney Wins

    Client charged with felony aggravated assault for using broken bottle as a weapon. Defense case focused on self-defense, resulting in not guilty verdict by the jury at trial.

    Father was arrested and held on half-million dollar bail for allegedly kidnapping his own child. Defense counsel demonstrated legal impossibility under the circumstances and prosecutor agreed to dismiss outright.

    Client faced first-degree felony charges for selling drugs to undercover police officer. Mitigating evidence gathered by defense relating to client’s youth, family support, treatment options, and lack of prior history was pivotal in convincing prosecutor to allow an abeyance agreement to a single misdemeanor count. Case was ultimately dismissed.

    Utah CLE Events / Calendar for Criminal Defense Attorneys

    For Utah Lawyers

    Canyons Law Group defense team presents on topics relating to internet crimes, including: prosecutor's constitutional discovery obligations; digital technology issues in discovery; police practices in internet "sting" cases; statutory history and interpretation for defense; and more.
    ↽⇀

    Contact Canyons Law Group directly to register. Space is limited.
    ↽⇀

    One hour MCLE credit for Utah attorneys pending approval.

    • Felonies
    • Misdemeanors
    • District Courts
    • Justice Courts

    Constitutional – Utah Defense Attorneys

    Fourth Amendment - Search Warrants

    Constitutional Rights

    P Spacer

    • Team Strategy
    • Jury Trials
    • Appeals
    • Expungements

    5-Star Reviews for Utah Criminal Lawyers

    Criminal Defense Reviews Best 5-Star

    “. . . A staff of first class lawyers, very professional, honest, and above all dedicated 100%. . . . I recommend them.”


    Click to Call a Utah Defense Attorney

    Call a Utah Criminal Defense Attorney in Davis County


    HR Spacer


    Contact Form for Utah Criminal Lawyer

      Find a Salt Lake Criminal Defense Attorney





      CONTACT US

      Selected Victories – Utah Criminal Defense





      Client faced felony charges for allegedly using a gun to menace another driver during road rage incident. Defense trial strategy demonstrated that the alleged victim was the likely aggressor and that client had taken reasonable action to defend himself.

      Contractor client was accused of theft for alleged misappropriation of customers’ funds following delays in cabinetry work. Case was bound over for trial following preliminary hearing. Successful motion to quash demonstrated that the legal theory supporting the government’s theft charge was flawed and required dismissal. Court granted dismissal.

      Call Attorney in Utah Footer

      CALL NOW   -   801-449-1409   -   TEXT NOW

      For the People – For Attorneys – Mobile

      Utah Attorney Protecting Liberty Rights

      Knowing what you are facing in a Utah criminal prosecution is critical in choosing the right attorney to defend your rights. Articles in this section provide imformation about Utah's criminal justice system that each person should know. Click to learn more.

      Important Criminal Defense Information for Utah Attorneys

      The "For Attorneys" section is intended to assist attorneys defending clients in Utah criminal cases. These articles must be read in context of relevant constitutional provisions, procedural rules, case law, and statutes. Reliance on these materials by individuals without the assistance of an experienced attorney is not recommended.

      Constitutional Rights Legal Education

      Criminal Defense Attorneys Utah - Constitutional Rights

      Fourth Amendment Rights - Illegal Search and Seizure Attorney in Utah


      Search for Utah Criminal Law Information

      Contact Information for Utah Criminal Defense Lawyers

      Canyons Law Group, LLC
      Offices in Salt Lake and Davis Counties
      Serving Clients Statewide

      952 South Main St., Suite A
      Layton, UT 84041

      560 South 300 East, Suite 200
      Salt Lake City, UT 84111

      801-449-1409

      Utah Criminal Defense Locations

      Serving Northern Utah and the Wasatch Front
      Salt Lake, Davis, Weber, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties

      Serving Central and Southern Utah
      Washington, Iron, Kane, Sevier, Sanpete, Juab, and Carbon Counties

      Make Online Payment

      Payments for Utah Attorneys
      • EnglishEnglish
      • EspañolEspañol
      Criminal Defense Page Archve
      Sitemap

      Copyright © 2010–2022 · Canyons Law Group, LLC · Stephen W. Howard, PC

      This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.