"It's far more deliberate and a far better policy than before. Up front, prosecutors know the aggravating factors in a case but they don't know the mitigating factors. This gives a prosecutor time to do it the way it should be done so he or she can do a very professional job of it," Boyden said.

Having a greater opportunity to review a case is a boon for prosecutors. "What this does is give you time to go through and look at everything in the case so that you know you've got a capital case," he said. "You don't have to file a capital case in the beginning."

This also provides a cost savings for small counties that might have trouble paying for what are called "Rule 8" attorneys, which are lawyers who have special classroom and courtroom experience in handling the intricacies of a death penalty case.

Someone charged with capital murder must have a Rule 8-qualified lawyer to represent him, and these are among the most skilled and usually the best paid in the state. Most capital defendants are indigent and get court-appointed lawyers.

But under the revised law, any attorney could handle the case from the start through the preliminary hearing and for 60 days after the arraignment, when a Rule 8-qualified lawyer would have to take over.

That troubles veteran defense attorney Stephen McCaughey, who is Rule 8 qualified and has represented many defendants in death penalty cases.

"The problem I see with that is switching lawyers half way through the case is really unfair to the client," McCaughey said. "A capital case is different than a normal case because of the possible penalty involved and the type of facts involved."

Among other things, McCaughey said, lawyers must develop a solid attorney-client relationship, and that is especially important in a case in which the stakes are so high. Changing attorneys mid-way could jeopardize the representation a defendant receives.

"The statute is fine as far as what it's trying to do, but they need to appoint Rule 8 lawyers right at the start. I think we're going to find judges doing that because they're not going to want to change lawyers in the middle of a case."

As for smaller counties, McCaughey said they can simply join a capital defense fund available statewide that pools money to pay for such legal representation.

The financial aspect is not a problem in Salt Lake County, which has the Legal Defenders Association that has Rule 8 lawyers on staff.

McCaughey also is a bit perplexed about the reason for the new delay in declaring a capital case. Under the old law, prosecutors could amend a murder charge to a capital charge later in the proceedings.

"They could always charge a capital case and not go for the death penalty, or even get a conviction and not ask for the death penalty. I don't see that the law makes any change."

But as far as the caliber of legal representation on the front end of aggravated murder cases, McCaughey predicts constitutional challenges.

Individuals charged with crimes have a right to legal counsel, and if they're facing the possibility of execution, they need someone who can take on a capital case — especially if they do not have a Rule 8 lawyer at their preliminary hearing.

"That is a crucial part of the proceedings, and you need a lawyer who's going to represent you to do that," he said. "There may be a constitutional issue there."

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E-mail: lindat@desnews.com