78B-22-201.  Right to counsel.

(1)  A court shall advise the following of the individual’s right to counsel no later than the individual’s first court appearance:

Terms Used In Utah Code 78B-22-201

  • Conviction: A judgement of guilt against a criminal defendant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless of whether actually imposed;

(b)  a parent or legal guardian facing an action initiated by the state under:

(i)  Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;

(ii)  Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; or

(iii)  Title 80, Chapter 4, Termination and Restoration of Parental Rights;

(c)  a parent or legal guardian facing an action initiated by any party under:

(i)  Section 78B-6-112; or

(ii)  Title 80, Chapter 4, Termination and Restoration of Parental Rights; or

(d)  an individual described in this Subsection (1), who is appealing a conviction or other final court action.

(2)  If an individual described in Subsection (1) does not knowingly and voluntarily waive the right to counsel, the court shall determine whether the individual is indigent under Section 78B-22-202.

Amended by Chapter 281, 2022 General Session