Utah
This page provides a breakdown of all major developments and right to counsel
law that the NCCRC knows for this state, sorted by subject area. Click on
either tab below to see the aspect it describes.
| Color Key |
Explanation |
|
Categorical Right To Counsel
|
There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel). |
|
Discretionary Appointment Of Counsel
|
Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required. |
|
Right Or Appointment Is Qualified
|
The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case. |
|
No Such Proceeding
|
This state has no law creating a judicial proceeding of this type. |
|
No Authorization, But Relevant Materials
|
While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area. |
|
Other
|
Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible. |
Abuse/Neglect/Dependency - Accused Parents
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).
Right to counsel
Indigent parents have a right to counsel in abuse/neglect cases.
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
Read more about this
Abuse/Neglect/Dependency - Children
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).
Right to counsel
Children have a right to an attorney-GAL in abuse/neglect cases.
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
yes
Read more about this
All Basic Human Needs
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).
Discretionary appointment of counsel
The Utah Supreme Court has said that trial courts can appoint counsel in any civil matter, even for a non-indigent litigant.
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.
discretionary
no
Read more about this
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
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).
Discretionary appointment of counsel
A court may appoint counsel for a minor seeking to bypass parental consent, but not parental notification, for an abortion.
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.
discretionary
no
Read more about this
Civil Commitment
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).
Right to counsel
There is a right to counsel for indigent respondents in civil commitment proceedings.
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
Read more about this
Custody Disputes - Children
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).
Discretionary appointment of counsel
The court may appoint counsel for the child in a private custody proceeding.
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.
discretionary
no
Read more about this
Guardianship/Conservatorship of Adults - Protected Person
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).
Right to counsel
There is a right to counsel for the subject of a contested guardianship proceeding, except in limited circumstances.
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
yes
Read more about this
Incarceration for Fees/Fines (incomplete)
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).
New Utah law guarantees counsel for criminal debt collection
03/23/2017
A 2017 law organizes all collection of criminal debt into contempt proceedings and requires the appointment of counsel.
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
Read more about this
Involuntary Medical Treatment (incomplete)
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).
Right to counsel - outpatient treatment
A 2019 law requires appointment of counsel for involuntary outpatient treatment.
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
yes
Read more about this
Quarantine/Isolation
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).
Right to counsel
There is only a right to counsel for an individual who is both subject to an order of restriction and in custody.
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
yes
Read more about this
Sexually Dangerous Persons - Commitment
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
Sterilization
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).
Right to counsel
There is a right to an attorney-GAL (rather than counsel) in involuntary sterilization proceedings.
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
yes
Read more about this
Termination of Parental Rights (State) - Children
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).
Right to counsel
Children have a right to an attorney-GAL in termination of parental rights cases.
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
yes
Read more about this
Termination of Parental Rights (Private) - Birth Parents
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).
Utah becomes 27th state to guarantee counsel for parents in private termination cases
03/20/2018
A statute amended in 2018 and 2021 requires counsel for a parent in a juvenile court private termination of parental rights case.
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
|
The NCCRC submitted supportive testimony as the bill made it through the legislative process.
|
Read more about this
Utah high court: some parents have right to counsel in private termination cases
12/08/2016
The Supreme Court of Utah held that parents may be constitutionally entitled to counsel in private termination of rights cases.
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.
discretionary
no
Read more about this
Termination of Parental Rights (State) - Birth Parents
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).
Right to counsel
Indigent parents have a right to counsel in termination of parental rights cases.
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
Read more about this
Truancy - Petition Against Child
No such proceeding
As of 2018, truancy cases no longer go to juvenile court; they only can go to youth court, which lacks the power to incarcerate or impose fines.
Read more about this
| Subject Area |
Status |
| Abuse/Neglect/Dependency - Accused Parents |
categorical |
| Abuse/Neglect/Dependency - Children |
qualified |
| Adult Protective Proceedings - Protected Person (incomplete) |
|
| All Basic Human Needs |
discretionary |
| Benefits - Claimant |
|
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) |
discretionary |
| Child Support Establishment |
|
| Civil Contempt in Family Court |
|
| Civil Commitment |
categorical |
| Forfeiture (incomplete) |
|
| Consumer or Other Debt |
|
| Custody Disputes - Parents |
|
| Custody Disputes - Children |
discretionary |
| Divorce |
|
| Domestic Violence - Accused Person |
|
| Domestic Violence - Alleged Victim |
|
| Education - Special Education |
|
| Employment Discrimination |
|
| Guardianship/Conservatorship of Children - Child (incomplete) |
|
| Guardianship/Conservatorship of Children - Parent or Guardian (incomplete) |
|
| Guardianship/Conservatorship of Adults - Protected Person |
qualified |
| Health Care Access |
|
| Housing - Discrimination |
|
| Housing - Evictions |
|
| Housing - General |
|
| Immigration |
|
| Issues Related to Incarcerated People |
|
| Incarceration for Fees/Fines (incomplete) |
categorical |
| Involuntary Medical Treatment (incomplete) |
qualified |
| Paternity - Defendant/Respondent |
|
| Paternity - Petitioner or Child |
|
| Quarantine/Isolation |
qualified |
| Sexually Dangerous Persons - Commitment |
no such proceeding |
| Sexually Dangerous Persons - Registration/Notification |
|
| Sterilization |
qualified |
| Termination of Parental Rights (Private) - Children |
|
| Termination of Parental Rights (State) - Children |
qualified |
| Termination of Parental Rights (Private) - Birth Parents |
categorical |
| Termination of Parental Rights (State) - Birth Parents |
categorical |
| Truancy - Petition Against Child |
no such proceeding |
Go back to Status Map
