Part III · Rights of Parties

Rule 6.5. Manner of Appointment

Amended January 1, 2025 (current)

(a) Appointment Order The court must appoint counsel by a written order and provide a copy of the order to the defendant, the appointed attorney, and the State.

(b) Public Defender Appointment In counties that have a public defender, the court must appoint the public defender to represent persons entitled to appointed counsel whenever the public defender is authorized by law to undertake the representation and is able to do so.

(c) Other Appointments If the court does not appoint a public defender, the court must appoint a private attorney. In appointing private counsel, the court must take into account the skill likely to be required in handling the case.

(d) Requests for Representation Before a Grand Jury A request for appointment of counsel must be made and processed as if proceedings had already begun in superior court.