COSTS: Utah Supreme Court Says Death Sentences Will Be Reversed Unless Legislature Provides for Adequate Counsel

Utah’s Supreme Court recently expressed concern that the lack of qualified defense attorneys for indigent death row inmates could unravel capital sentences. In a unanimous decision in the case of death row inmate Michael Archuleta, Associate Chief Justice Michael Wilkins (pictured) said the court might be forced to reverse capital sentences because the low pay and the complexity of such cases have shrunk the pool of Utah attorneys who will accept them. "It falls to us, as the court of last resort in this state, to assure that no person is deprived of life, liberty, or property, without the due - and competent - process of law," Wilkins wrote. "Without a sufficient defense, a sentence of death cannot be constitutionally imposed." He wrote that the justices may soon be forced to reverse a death sentence and impose life without parole on such grounds if the legislature fails to provide adequate resources.

An excerpt from the opinion follows:

In recent years we have become especially concerned with the diminishing pool of competent counsel in capital cases. There is no acceptable justification for this trend. Competent defense and appellate counsel are guaranteed by our constitution. We cannot allow a defendant’s life to be taken by the government without an adequate review of the conviction. Our judicial oath to support, protect, and defend the Constitution must, of necessity, include the requirement that we take measures within our authority and responsibility to see that the mandates of the Constitution are observed.

It is the duty of the legislative branch to provide for adequate defense of capital defendants, including sufficient resources to attract, train, compensate, and support legal counsel. It is left to the legislative branch to determine how best to accomplish this goal. However, it falls to us, as the court of last resort in this state, to assure that no person is deprived of life, liberty, or property, without the due — and competent — process of law. Without a sufficient defense, a sentence of death cannot be constitutionally imposed. This basic concept is bedrock upon which our constitutional government stands.

If, in the future, we find that the unavailability of competent and willing counsel impedes prompt, constitutionally sound resolution in capital cases, we may be forced to hold that the lack of such counsel is sufficient grounds for outright reversal of a capital sentence and remand for the imposition of a sentence of life in prison without the possibility of parole, for which the required degree of sophistication and skill reposed in counsel is slightly less.

Archuleta v. Galetka, No. 20070228 (Utah S. Ct. Nov. 7, 2008). (P. Manson, “Utah's high court issues death-penalty warning: Lack of qualified defense lawyers could unravel capital sentences,” The Salt Lake Tribune, November 8, 2008). See also Representation and Costs.