New Utah law guarantees counsel for criminal debt collection
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
03/23/2017,
Legislation, Incarceration for Fees/Fines (incomplete)
SB 71, enacted in 2017, requires that the collection and enforcement of criminal debt be treated as a contempt matter and requires counsel to be appointed for all such cases where the court is considering incarceration. This is codified as Utah Code Ann. § 78B-6-317(1), (3).
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
