§ 16-12-308 — Defendant's right to counsel

(1) A defendant has the right to
counsel to investigate, file, and litigate a post-conviction claim arising from
wrongful action and appeals arising from the claim. The right to counsel for
assistance with post-conviction claims pursuant to this part 3, including the right
for an indigent person to have the assistance of court-appointed counsel, attaches
when a defendant receives a notice pursuant to section 16-12-306 or makes a
showing that a crime laboratory employee worked on their case and is the subject
of an investigation of wrongful action. A defendant is not required to file a petition
for post-conviction relief to receive court-appointed counsel.

(2) (a) A defendant may request counsel by filing a written request for
counsel with the court and attaching a copy of the notice received pursuant to
section 16-12-306 or a pleading that names a crime laboratory employee and
provides sufficient information for the court to find that the crime laboratory is the
subject of an investigation of wrongful action.

(b) If a defendant files a pleading in court without counsel, the court shall
determine if the defendant is requesting the appointment of counsel or if the
defendant is knowingly and voluntarily waiving their right to counsel.

(3) A public defender who has received a request for assistance from a
defendant who received a notice pursuant to section 16-12-306, or from a
defendant who can make a showing that a crime laboratory employee who worked
on their case is the subject of an investigation of wrongful action, may request
appointment by the court if the defendant qualifies for representation by court-appointed counsel.

(4) Upon receiving a request to appoint counsel for a defendant made
pursuant to this section, the court shall, in accordance with section 21-1-103,
appoint the public defender to represent the defendant in a post-conviction matter
related to the wrongful action. If the public defender notifies the court of a conflict
of interest, the court shall appoint the office of alternate defense counsel to
represent the defendant.

Legislative History

Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1898, � 1, effective June 2.