In re E.K.S., 2016 UT 56 (Dec. 6, 2016)

In this privately-initiated parental termination proceeding, the mother had requested appointed counsel.  The court held that Utah Code § 78A-6-1111(2), which prohibits the appointment of counsel in private proceedings, was not facially unconstitutional, but agreed that the district court erred by relying on the statute to deny the mother’s request for court-appointed counsel, rather than considering the mother’s due process rights as set forth in Lassiter v. Department of Social Services, 452 U.S. 18, 27-32 (1981).