Back to Status Map

Utah

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

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.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Custody Disputes - Children

Legislation

March 25, 2025

SB0117

The arbitrator in a 'family law dispute' may appoint an attorney, GAL, or 'other representative' for a child.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

March 27, 2025

Utah applies different RTC standards for certain guardianships / conservatorships

Individuals in some guardianship and conservatorship matters may be entitled to counsel.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Other subject area

Legislation

March 26, 2025

SB0134

Provides right to counsel for persons about whom the court is making a capacity determination in the context of health care decisions

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

Indigent parents have a right to counsel in abuse/neglect cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to attorney guardian ad litem

Children have a right to an attorney guardian ad litem in abuse and termination cases.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

All Basic Human Needs

Legislation

Key Development

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.

Appointment of Counsel: Discretionary

Qualified: No

Discretionary

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Court Rule or Initiative

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a minor seeking to bypass parental consent, but not parental notification, for an abortion.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent respondents in civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

The court may appoint counsel for the child in a private custody proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

March 27, 2025

Utah applies different RTC standards for certain guardianships / conservatorships

Individuals in some guardianship and conservatorship matters may be entitled to counsel.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

March 23, 2017

2017 law guarantees counsel for criminal debt collection

A 2017 law organizes all collection of criminal debt into contempt proceedings and requires the appointment of counsel.

Appointment of Counsel: Yes

Qualified: No

Qualified

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel - outpatient treatment

A 2019 law requires appointment of counsel for involuntary outpatient treatment.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Other subject area

Legislation

Key Development

Discretionary appointment of attorney ad litem for kids

District courts in Utah may appoint an attorney GAL for kids in protective order proceedings and certain other actions

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Parentage - Petitioner or Child

Legislation

Key Development

Discretionary appointment of attorney ad litem

In parentage cases, the court may appoint an attorney ad litem for a minor child where the child is made a party.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Quarantine/Isolation

Legislation

Key Development

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.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Sterilization

Legislation

Key Development

Right to counsel

There is a right to an attorney-GAL (rather than counsel) in involuntary sterilization proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development

December 8, 2016

Utah high court: some parents have right to counsel in private termination cases

The Supreme Court of Utah held that parents may be constitutionally entitled to counsel in private termination of rights cases.

Appointment of Counsel: Discretionary

Qualified: No

Legislation

Key Development

March 20, 2018

Utah becomes 27th state to guarantee counsel for parents in private termination cases

A statute amended in 2018 and 2021 requires counsel for a parent in a juvenile court private termination of parental rights case.

Appointment of Counsel: Yes

Qualified: No

The NCCRC submitted supportive testimony as the bill made it through the legislative process.

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

Indigent parents have a right to counsel in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to attorney guardian ad litem

Children have a right to an attorney guardian ad litem in abuse and termination cases.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Truancy - Petition Against Child

Legislation

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.

Appointment of Counsel: No Such Proceeding

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

About Us

Mission & Vision Our Team Public Justice Center Our Work Funders & Supporters Contact

About Civil RTC

History CRTC Champions FAQ

News

Events

Resource Library

Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC

Get Involved

Donate

Status Map