Rule 8.1. Waiver of Counsel; Self-Representation

the nature of each charge and the maximum sentence upon each, including any mandatory minimum;

that the defendant has the right to counsel, and, if indigent or indigent but able to contribute, the right to counsel appointed at the State’s expense under Rule 8;

that a self-represented defendant is held to the same rules of procedure and of evidence as an attorney, and that the court will not act as the defendant’s advocate;

that no continuance will be granted by reason of self-representation alone;

that filings must be made from the defendant’s own authenticated account in the electronic filing system, that the defendant’s transmitted name constitutes a signature and a declaration under the penalties of perjury, and that appearance in the case constitutes consent to electronic service under Rule 2.1(6);

that the defendant will be bound by the acts and omissions of the defense, and may not later complain of the quality of the representation the defendant provided to himself; and

that the defendant may ask for counsel at any time, but that proceedings already completed will not be repeated by reason of the request alone.

A waiver of counsel made at a first appearance under Rule 3.1 extends to that appearance only. The court shall determine anew, before the arraignment held under Rule 7.2(3) and before any preliminary hearing held under Rule 7.2, whether the defendant waives counsel in accordance with this rule, the defendant having been offered the opportunity to consult with defense counsel that 6 R. Stat. § 131.204(b)(a) requires.

An organization charged as a defendant may not appear without an attorney, and shall appear by an attorney who has filed proof of authorization under Rule 7(3)(a).

The court shall not accept a waiver of indictment under Rule 3(3) from a defendant who has not first been advised of, and has not validly waived or been afforded, counsel.

The court may appoint standby counsel to assist a self-represented defendant, to be available to consult, and to be prepared to assume the defense if the waiver is withdrawn or the right of self-representation is terminated. Where the government petitions to declare the defendant a fugitive from justice, the court shall appoint standby counsel as required by 6 R. Stat. § 131.502(d). Where a criminal default has been entered against a self-represented defendant under Rule 18.2, the court shall appoint standby counsel forthwith.

Standby counsel does not become attorney of record and is not served by the electronic filing system as a participant unless a Notice of Appearance has been filed and accepted. Where the court intends standby counsel to receive filings, it shall direct that a Notice of Appearance be filed.

Standby counsel shall not speak for the defendant or make a tactical decision for the defendant without the defendant’s consent, except upon the court’s direction after the right of self-representation has been terminated. Where self-representation is terminated by reason of the defendant’s absence under Rule 8.1(8)(a), standby counsel assumes the defense as counsel of record and exercises the whole authority of counsel notwithstanding the absence, as Rule 18.4(c) and 6 R. Stat. § 131.501(f) require.

Absence. A defendant may not conduct the defense in person while absent. Upon the entry of an absentia authorization under Rule 18.3, or upon the acceptance of an express waiver of presence under Rule 18(c), self-representation is terminated for the period of the absence as Rule 18.4(b) provides, without the warning otherwise required by this subdivision. The termination is not a revocation of the waiver of counsel, and the defendant resumes self-representation upon appearing.