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Senate advances postconviction remedies bill after debate over counsel and expert fees
Summary
Senate Bill 277, revising postconviction procedures, passed third-reading after debate over hourly rates and caps for counsel and experts; amendments to raise rates failed, final tally 24–1 (4 absent).
The Utah Senate debated and advanced SB 277, a package of revisions to the state's Postconviction Remedies Act that changes procedures for collateral attacks and sets compensation limits for counsel and experts handling postconviction matters.
Senator Bell described the bill as an effort to curb long-running collateral litigation that can delay finality in high-profile cases. The measure establishes a $125 hourly reimbursement rate for counsel with a soft cap of $60,000 and a $20,000 soft cap for expert costs, both subject to judicial review if the court finds additional fees are necessary.
Senator Romero argued those limits might not attract qualified practitioners and moved to raise the hourly rate to $175 and increase the caps to $90,000 and $30,000 for experts respectively. The motion was divided: the hourly-rate increase passed, while the larger cap increases failed. Debate also focused on a provision that allows courts to require petitioners to proceed pro se (represent themselves) if counsel will not move the case forward.
After division and further explanation, the Senate recorded a final third-reading vote of 24 yes, 1 no, with 4 absent; the bill passed and will move forward for further processing.
