Postconviction Section

Prior to November 2021, courts in Utah were only permitted to appoint attorneys to assist people in postconviction on a pro bono basis. But after the legislature amended the Postconviction Remedies Act (PCRA), courts can now appoint IADD to represent people during this critical stage of the process. In postconviction—meaning a person has been convicted and has exhausted any right to appeal—people are often forced to file petitions on their own. They must do so while indigent and incarcerated and then have to have their cases get past an initial review from a court and efforts by the State to have the case dismissed on technical grounds. Data from Utah courts showed that in the five years prior to the 2021 change in the statute, nearly 99% of all petitions filed pro se were being denied. The lack of access to justice for people in postconviction undermined the fairness of the criminal legal system, in particular when it is remembered there are certain legal challenges that cannot be made by a person until a case reaches postconviction. Further, of the thousands of known, proven wrongful convictions, the overwhelming majority were not rectified until a case reached the postconviction stage. Needless to say, providing counsel is imperative for postconviction to have any meaning.

With the change in the PCRA, IADD's Postconviction Section exists to right wrongs that have been missed or overlooked by the criminal legal system. Clients are entitled to relief whenever their convictions were infected by issues that undermine the legitimacy of their convictions. The section investigates claims and represents clients in what are typically difficult and unique cases, but critically important to ensuring everyone’s rights are protected.

Our postconviction attorneys handle cases across the state, in both the district and appellate courts. Responsibilities include investigating cases, reviewing records, filing petitions in the trial courts and briefs in the appellate courts, conducting evidentiary hearings, and arguing cases before both trial and appellate judges.

Important! Our office cannot represent anyone in postconviction until we are appointed by the court, which will not happen until after an initial petition has been filed. An initial petition must be timely filed and present all the facts and claims to a court. Rules for pursing a postconviction petition can be found here. We can provide guidance on filing the initial petition. Contact us with questions. iadd.postconviction@utah.gov.