PART III — ATTORNEYS, PARTIES, AND REPRESENTATION
Rule 22. Appointment and waiver of counsel
Proceedings requiring counsel
The Court must ensure representation in every proceeding for which Ridgeway law provides appointed counsel, including a qualifying criminal appeal or habeas-corpus review. The Court may appoint counsel in another matter when law authorizes it and the interests of justice require.
Order of appointment
The Court ordinarily appoints the Office of the State Public Defender. If that office is inoperable, unable to represent the person, or has a conflict, the Court may appoint a Ridgeway attorney in good standing as authorized by 3 R. Stat. § 161.109.
Request
A request for appointed counsel must state:
the proceeding and charges or custody at issue;
current counsel, if any;
efforts to obtain counsel;
the basis for statutory eligibility; and
any known conflict with the Public Defender.
No confidential financial detail should be publicly filed.
Waiver
When a party has a right to counsel, waiver is valid only after the Court:
advises the party of the right and the nature of the proceeding;
explains the material disadvantages of self-representation;
confirms through an on-record colloquy that the decision is knowing, voluntary, and competent; and
enters written findings.
An authenticated written waiver may be executed remotely in the Justice’s contemporaneous presence through a Court-controlled platform.
Standby counsel
The Court may appoint standby counsel to protect orderly procedure. Standby counsel may not override a competent self-represented party’s decisions except as law permits.
Continuity through appeal
Trial counsel appointed in a criminal matter must preserve the right to appeal, advise the defendant of the deadline, and continue until appellate counsel appears or the lower court or Supreme Court permits withdrawal.
Compensation filings
Appointed counsel seeking statutory compensation must file an itemized explanation of each billed period under the appropriate filing code. The Court reviews compensation under the statutory rate and cap; these Rules do not alter either.