Public Defender Eligibility in Utah

General information, not legal advice. Read the full disclaimer.

Short answer: If you're facing a Utah criminal charge and can't afford to hire a private attorney, you're generally entitled to a court-appointed public defender — but you'll need to demonstrate that you're genuinely unable to afford one, typically by submitting a sworn affidavit of indigency that lays out your income, expenses, property, and dependents.

Who this guide is for

Anyone facing Utah criminal charges who can't afford private representation, or who's trying to understand the process for requesting a public defender.

Why this matters so much at arraignment

As covered in What Happens During a Utah Arraignment, except for infractions, you're generally required to have counsel at that stage unless you've clearly waived that right. If you can't afford an attorney, requesting a public defender is exactly how you exercise your right to counsel rather than waiving it by default.

How the indigency determination works

Under the Indigent Defense Act (Utah Code Title 78B, Chapter 22), a court that advises you of your right to counsel and sees that you haven't waived it must decide whether you're indigent. In practice you start by submitting an affidavit of indigency (Utah Courts calls the form a "Declaration of Financial Status") covering your income, monthly expenses, property and accounts, government benefits, and dependents. You sign it under penalty of a criminal false-statement charge, so be prepared to provide real financial information, not just an assertion.

The court must find you indigent if either of these is true:

• Your income is at or below 150% of the federal poverty level (using the most recent U.S. Department of Health and Human Services guidelines), or
• You don't have enough income or other means to pay for a lawyer and the necessary expenses of your defense without depriving yourself or your family of food, shelter, clothing, or other necessities.

A court may not find you indigent if you transferred or disposed of assets after the offense in order to become eligible. The court can make an indigency finding at any time in the case, and failing to fill out the affidavit completely doesn't by itself stop the court from making a finding or appointing counsel.

What courts generally consider

• Current income — compared against the 150% federal poverty guideline
• Assets — ownership of, or any interest in, personal or real property
• Debts — including amounts you owe or might reasonably incur because of illness or other family needs
• Dependents — their number, ages, and relationships to you
• The probable expense and burden of defending your case, and what private attorneys charge for that kind of representation
• Any other factor the court considers relevant

What a public defender actually provides

A public defender is a fully licensed, practicing attorney — appointed by the court, not chosen by you, but held to the same professional and ethical standards as any other criminal defense attorney. Being appointed a public defender doesn't mean receiving lesser representation; it means the state is fulfilling its constitutional obligation to ensure you have counsel regardless of your ability to pay.

What if your financial situation changes during the case?

If your financial circumstances improve significantly while your case is pending, this could affect your continued eligibility — because the statute lets a court make an indigency finding at any time, courts can potentially revisit the determination. Conversely, if your situation worsens after initially trying to hire private counsel, you can generally request a public defender at that point too. Keep in mind that appointment is tied to a specific case, so if you have more than one case you may need to request counsel in each.

Can you choose your public defender?

Generally no — you're assigned an attorney from the public defender system serving your jurisdiction, rather than selecting a specific person the way you might when hiring privately. If a genuine conflict of interest or other significant issue arises with your assigned attorney, there are processes for raising that with the court.

What if you're denied a public defender?

If the court determines you don't qualify as indigent, you'll generally need to either hire private counsel or represent yourself — a determination you believe was made incorrectly is worth raising promptly, since proceeding without an attorney in a criminal case (except for an infraction) is a serious decision with real consequences.

Frequently asked questions

Is there a fee for a public defender?

The affidavit form warns that you may be ordered to pay the cost of your defense services if the court later decides you aren't actually indigent. Separately, Utah court guidance indicates that a defendant who is convicted can be ordered to pay a recoupment fee to cover the cost of appointed counsel (and not if found not guilty). The amount and timing vary, so ask the court clerk what applies in your case; this generally isn't a barrier to getting appointed in the first place.

Can I request a public defender for a misdemeanor, or only felonies?

Utah law gives you the right to counsel — and a public defender if you're indigent — in any case where the penalty includes the possibility of incarceration, even if jail isn't actually imposed. That covers misdemeanors as well as felonies, but not infractions.

What if I want to hire my own attorney later, after being assigned a public defender?

You can generally still hire private counsel later if your circumstances change — being assigned a public defender doesn't permanently foreclose that option.