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(1) A court shall advise the following of the individual's right to counsel no later than the individual's first court appearance:
(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.
Utah Code § 78B-22-201
Amended by Chapter 281, 2022 General Session ,§ 2, eff. 5/4/2022.
Amended by Chapter 262, 2021 General Session ,§ 124, eff. 9/1/2021.
Amended by Chapter 395, 2020 General Session ,§ 5, eff. 5/12/2020.
Amended by Chapter 392, 2020 General Session ,§ 4, eff. 5/12/2020.
Amended by Chapter 371, 2020 General Session ,§ 4, eff. 5/12/2020.
Added by Chapter 326, 2019 General Session ,§ 17, eff. 5/14/2019.
