Defendant's right to counsel

(1) A defendant has the right to counsel to investigate, file, and litigate a post-conviction claim arising from wrongful action and appeals arising from the claim. The right to counsel for assistance with post-conviction claims pursuant to this part 3, including the right for an indigent person to have the assistance of court-appointed counsel, attaches when a defendant receives a notice pursuant to section 16-12-306 or makes a showing that a crime laboratory employee worked on their case and is the subject of an investigation of wrongful action. A defendant is not required to file a petition for post-conviction relief to receive court-appointed counsel. (2) (a) A defendant may request counsel by filing a written request for counsel with the court and attaching a copy of the notice received pursuant to section 16-12-306 or a pleading that names a crime laboratory employee and provides sufficient information for the court to find that the crime laboratory is the subject of an investigation of wrongful action. (b) If a defendant files a pleading in court without counsel, the court shall determine if the defendant is requesting the appointment of counsel or if the defendant is knowingly and voluntarily waiving their right to counsel. (3) A public defender who has received a request for assistance from a defendant who received a notice pursuant to section 16-12-306, or from a defendant who can make a showing that a crime laboratory employee who worked on their case is the subject of an investigation of wrongful action, may request appointment by the court if the defendant qualifies for representation by court-appointed counsel. (4) Upon receiving a request to appoint counsel for a defendant made pursuant to this section, the court shall, in accordance with section 21-1-103, appoint the public defender to represent the defendant in a post-conviction matter related to the wrongful action. If the public defender notifies the court of a conflict of interest, the court shall appoint the office of alternate defense counsel to represent the defendant.