Right To Counsel

(a) Right to Counsel. (1) Felony Cases. An indigent defendant facing a felony charge in state court is entitled to have counsel provided at public expense to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right. (2) Non-Felony Cases. An indigent defendant facing a non-felony charge in state court is entitled to have counsel provided at public expense to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right or the magistrate determines that sentence upon conviction will not include imprisonment. (3) Non-Indigent Defendants. The court may appoint counsel to represent a defendant at the defendant's expense if the defendant is unable to obtain counsel and is not indigent. (b) Inquiry Into Joint Representation. (1) Joint Representation. Joint representation occurs when: (A) two or more defendants have been charged jointly under Rule 8(b) or have been joined for trial under Rule 13; and (B) the defendants are represented by the same counsel, or counsel who are associated in law practice. (2) Court's Responsibilities in Cases of Joint Representation. Except as provided under Rule 44(c)(2), the court must promptly inquire about the propriety of joint representation and must personally advise each defendant of the right to the effective assistance of counsel, including separate representation. Unless there is good cause to believe that no conflict of interest is likely to arise, the court must take appropriate measures to protect each defendant's right to counsel. (c) Limited and Joint Representation for Pretrial Release. (1) Limited Representation. The court may permit a limited appearance by counsel for purposes of release from custody under Rule 46. Counsel appearing on a limited basis will be discharged upon the court’s Rule 46 determination. (2) Joint Representation. The court may permit counsel to jointly represent defendants at an initial appearance under Rule 5 for purposes of establishing pretrial release conditions under Rule 46(a)(1). If joint representation creates an apparent conflict of interest, the court must inquire and advise each defendant under Rule 44(b)(2).