Utah Code » Title 78B, Chapter 22 — Indigent Defense Act; part 78B-22-2 — Appointment of Counsel
Utah Code

Utah Code § 78B-22-201 (2026)

Right to counsel

✓ laws through the 2026 General Session (checked Sept. 2026)
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A court shall advise the following of the individual's right to counsel no later than the individual's first court appearance:
an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless of whether actually imposed;
a parent or legal guardian facing an action initiated by the state under:
Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;
Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
Title 80, Chapter 4, Termination and Restoration of Parental Rights;
a parent or legal guardian facing an action initiated by any party under:
Section 81-13-205; or
Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
an individual described in this Subsection (1), who is appealing a conviction or other final court action.
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 426, 2025 General Session

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2019–2026 · leading case: In re R.G., 2023 UT App 114.
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In re R.G., 2023 UT App 114. · cites it 2× “3d 31 ; see also Utah Code § 78B-22-201(1)(b). To safeguard this right, appointed counsel may be properly waived only if “the record as a whole reflects the parent’s reasonable understanding of the proceedings and awareness of the right to counsel.”
State v. Stewart, 2019 UT 39, 449 P.3d 59. “See UTAH CODE § 78B-22-201(1)(c) (requiring sentencing courts to advise criminal defendants who are convicted of “a criminal offense the penalty for which includes the possibility of incarceration” that they have a right to counsel on appeal); UTAH R.”
In re K.S., 2022 UT App 68. “§ 78B-22-201(1)-(2) (LexisNexis Supp. 2021); see also Utah R.”
In re R.D..., 2024 UT App 91, 554 P.3d 318. · cites it 2× “fundamental right of parenting one’s children); see also Utah Code § 78B-22-201(1)(b). “To prevail on an ineffective assistance of counsel claim, Mother must show that (1) Counsel’s performance was deficient and (2) this deficient performance prejudiced the defense.”
In re A.H..., 2026 UT App 88. · cites it 4× “See Utah Code § 78B-22-201(1)(b); see also In re E.”
In re K.S..., 2022 UT App 53. “§ 78B-22-201(1)-(2) (LexisNexis Supp. 2021); see also Utah R.”
Utah Code § 78B-22-201(1): 2 cases
In re K.S., 2022 UT App 68. “§ 78B-22-201(1)-(2) (LexisNexis Supp. 2021); see also Utah R.”
In re K.S..., 2022 UT App 53. “§ 78B-22-201(1)-(2) (LexisNexis Supp. 2021); see also Utah R.”
Utah Code § 78B-22-201(1)(b): 3 cases
In re R.G., 2023 UT App 114. “3d 31 ; see also Utah Code § 78B-22-201(1)(b). To safeguard this right, appointed counsel may be properly waived only if “the record as a whole reflects the parent’s reasonable understanding of the proceedings and awareness of the right to counsel.”
In re R.D..., 2024 UT App 91, 554 P.3d 318. “fundamental right of parenting one’s children); see also Utah Code § 78B-22-201(1)(b). “To prevail on an ineffective assistance of counsel claim, Mother must show that (1) Counsel’s performance was deficient and (2) this deficient performance prejudiced the defense.”
In re A.H..., 2026 UT App 88. “See Utah Code § 78B-22-201(1)(b); see also In re E.”
Utah Code § 78B-22-201(1)(c): 1 case
State v. Stewart, 2019 UT 39, 449 P.3d 59. “See UTAH CODE § 78B-22-201(1)(c) (requiring sentencing courts to advise criminal defendants who are convicted of “a criminal offense the penalty for which includes the possibility of incarceration” that they have a right to counsel on appeal); UTAH R.”
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