78B-9-109 - Appointment of pro bono counsel.
78B-9-109. Appointment of pro bono counsel.
(1) If any portion of the petition is not summarily dismissed, the court may, upon therequest of an indigent petitioner, appoint counsel on a pro bono basis to represent the petitionerin the post-conviction court or on post-conviction appeal. Counsel who represented thepetitioner at trial or on the direct appeal may not be appointed to represent the petitioner underthis section.
(2) In determining whether to appoint counsel, the court shall consider the followingfactors:
(a) whether the petition or the appeal contains factual allegations that will require anevidentiary hearing; and
(b) whether the petition involves complicated issues of law or fact that require theassistance of counsel for proper adjudication.
(3) An allegation that counsel appointed under this section was ineffective cannot be thebasis for relief in any subsequent post-conviction petition.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 288, 2008 General Session