TITLE TWO — PRELIMINARY PROCEEDINGS
Rule 8. Assignment of Counsel
Right to Counsel. In all prosecutions for criminal offenses a person has the right to be heard by oneself and by counsel, and to demand the cause and nature of the accusation, as guaranteed by Const. art. I § 6. If a defendant charged with a crime for which a sentence of imprisonment may be imposed initially appears in any court without counsel, the judge shall determine whether the defendant is indigent, or indigent but able to contribute, and shall appoint counsel under this rule unless the defendant has waived the right to counsel under Rule 8.1. The judge shall in addition follow the procedures established in Rid. R. Sup. Ct. 8.
The State Public Defender’s Office.
There is a State Public Defender’s Office, an agency of the State under the judiciary administration of the Supreme Court of the State of Ridgeway, as provided by 3 R. Stat. § 161.101.
The office holds the authority to appear in defense of the accused in all criminal proceedings of the State of Ridgeway as appointed by a court of law, and where necessary to preserve the accused’s right to counsel, as provided by 3 R. Stat. § 161.102.
The State Public Defender is appointed by vote of the Supreme Court and must be a member in good standing of the Ridgeway State Bar, as provided by 3 R. Stat. § 161.103. Whenever the State Public Defender is unable to perform the duties of the office, or the office is vacant, the authority and duties devolve upon the senior-most ranking attorney within the office, as provided by 3 R. Stat. § 161.104.
No person shall be employed to act as counsel to any defendant represented by the office without membership in good standing of the Ridgeway State Bar, as provided by 3 R. Stat. § 161.107(a).
Proceedings in Which Representation Is Required. Representation shall be provided in:
a criminal proceeding;
a post-conviction proceeding for which the defendant has a right to an attorney;
a petition for a writ of habeas corpus, on behalf of the petitioner;
an expungement proceeding; and
any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result,
as provided by 3 R. Stat. § 161.202. In addition, the court shall afford a person brought before it for a first appearance an opportunity to consult with defense counsel and shall appoint counsel where the appointment can be made within the period Rule 3.1(3)(a) fixes, as Rule 3.1(4) provides; and the defendant shall be offered an opportunity to consult with defense counsel before charges are filed, as 6 R. Stat. § 131.204(b)(a) requires and Rule 7.2(1)(b) provides.
Who May Represent. Representation of an individual may be provided by the State Public Defender or, subject to the supervision of the State Public Defender, by assistant public defenders, as provided by 3 R. Stat. § 161.201.
Appointment Where the Office Is Inoperable. Where the court finds that the State Public Defender’s Office is inoperable or unable to provide representation, the court may appoint court-appointed counsel to provide the defense in a criminal action, as provided by 3 R. Stat. § 161.109. No court-appointed counsel shall be appointed without membership in good standing in the Ridgeway State Bar. The court may enter the appointment on its own initiative or upon the request of the State Public Defender.
Conflicts. Where the State Public Defender’s Office has a conflict of interest, including the representation of a co-defendant whose interests are adverse, the court shall appoint counsel under subdivision (5). No person employed in any capacity by the State Public Defender’s Office shall work as an employee of the Department of Justice, serve as special counsel for the Department, or serve as counsel for an agency of the State or of a municipality thereof, as provided by 3 R. Stat. § 161.108.
Determination of Indigency.
When Made. The court shall determine indigency upon the defendant’s first appearance without counsel, and shall do so before the charges are read and before a plea is entered.
How Made. The determination shall be made upon the record, upon the defendant’s statement of the defendant’s means, made under oath or under the pains and penalties of perjury. The court may examine the defendant, may require a written statement of assets, income, in-game earnings, employment, and obligations, and may take judicial notice of matters of record.
Standards. A defendant is “indigent” who is unable to procure counsel with his funds. A defendant is “indigent but able to contribute” who is unable to procure counsel with his funds but is able to contribute funds toward the cost of counsel.
Contribution. Where the court finds the defendant indigent but able to contribute, the court shall appoint counsel and shall enter an order fixing the contribution. A contribution is a debt and is collected as a debt. Payment of a contribution shall not be a condition of appointment, of release, of docketing, of service, or of the running of any period, and non-payment shall not cause counsel to be withdrawn.
Redetermination. The court may redetermine indigency at any stage upon motion or on its own initiative, and shall do so where the defendant’s circumstances materially change. A redetermination adverse to the defendant does not operate retroactively to disturb prior appointed representation.
Effect of Refusal to Disclose. A defendant who refuses to state the defendant’s means may be found not to be indigent, and shall be advised of that consequence before the finding is made.
Time and Continuity of Appointment. Counsel shall be appointed before any critical stage of the proceeding, including any first appearance under Rule 3.1, arraignment, plea, preliminary hearing under Rule 7.2, hearing on the conditions of release, evidentiary hearing, trial, and sentencing. The appointment continues through judgment, sentence, and the filing of a notice of appeal, and thereafter until relieved by the court. Appointed counsel becomes attorney of record by filing a Notice of Appearance under Rule 7(3)(a), and remains attorney of record subject to Rule 7(3)(c).
Access to the Defendant. Appointed counsel shall be afforded access to a detained defendant as provided by Rule 7.1(11).
Compensation.
Employees of the State Public Defender’s Office are eligible to recover compensation from the court for hours of legal services to defendants, as provided by 3 R. Stat. § 161.301. Court-appointed counsel not employed by the office receive no salary but remain eligible for compensation for hours billed, except when receiving compensation from the defendant, as provided by 3 R. Stat. § 161.302.
Compensation is at the rates and subject to the maxima fixed by 3 R. Stat. §§ 161.303 and 161.304, and includes compensation for filing fees paid during criminal appellate proceedings, aggregated to the maximum rate, as provided by 3 R. Stat. § 161.305.
Counsel seeking compensation shall account for each hour billed and shall submit before the court an explanation of each billed hour. A compensation filing shall be filed before the clerk of the relevant court and disbursed upon review, as provided by 3 R. Stat. § 161.306.
Standby Counsel. Where a defendant has failed to appoint counsel, the court shall appoint a public defender or court-appointed counsel as standby counsel, as required by 6 R. Stat. § 131.502(d) before a defendant may be declared a fugitive from justice, and may do so in any other case in which the defendant proceeds without counsel under Rule 8.1.