Supreme Court Rules - Rule 31 - Rules of Criminal Procedure - Misdemeanors or Felonies - Presence of Defendant and Right to Counsel: Misdemeanors or Felonies - Right to Counsel - Appointment by Court - Arraignment - Record

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Supreme Court Rules

		Section/Rule:	31.02
Subject:	Rule 31 - Rules of Criminal Procedure - Misdemeanors or Felonies - Presence of Defendant and Right to Counsel	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Right to Counsel - Appointment by Court - Arraignment - Record - Appeal	Revised / Effective Date:	January 1, 1980

31.02. Misdemeanors or Felonies - Right to Counsel - Appointment by Court - Arraignment - Record - Appeal

(a) In all criminal cases the defendant shall have the right to appear and defend in person and by counsel. If any person charged with an offense, the conviction of which would probably result in confinement, shall be without counsel upon his first appearance before a judge, it shall be the duty of the court to advise him of his right to counsel, and of the willingness of the court to appoint counsel to represent him if he is unable to employ counsel. Upon a showing of indigency, it shall be the duty of the court to appoint counsel to represent him. If after being informed as to his rights, the defendant requests to proceed without the benefit of counsel, and the court finds that he has intelligently waived his right to have counsel, the court shall have no duty to appoint counsel. If at any stage of the proceedings it appears to the court in which the matter is then pending that because of the gravity of the offense charged and other circumstances affecting the defendant, the failure to appoint counsel may result in injustice to the defendant, the court shall then appoint counsel. Appointed counsel shall be allowed a reasonable time in which to prepare the defense.

(b) If a defendant in a felony case appears for arraignment without counsel, and if appointment of counsel is waived by the defendant, the reporter shall prepare a transcript of such proceedings and file it in the case.

(c) If an indigent defendant convicted of an offense and sentenced to confinement desires to appeal, the trial court shall appoint counsel to represent him. Such counsel may, but need not, be the same counsel who represented the defendant at the trial.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

Committee Note - 1980

Paragraph (a) is substantially the same as prior Rule

29.01(a)

except for the second sentence which has been changed as follows: 'If any person charged with an offense, the conviction of which would probably result in confinement, shall be without counsel upon his first appearance before a judge, it shall be the duty of the court to advise him of his right to counsel, and of the willingness of the court to appoint counsel to represent him if he is unable to employ counsel.'

Paragraph (b) is substantially the same as prior Rule

29.01(b)

The source of paragraph (c) is prior Rule

29.01(c) and (d)

but it is broadened to include situations where a defendant is sentenced to confinement after conviction of a misdemeanor.