Right to and Appointment of Counsel.

Defendant in a criminal case alleging a felony or serious misdemeanor shall have the right to counsel. 28 Defendant will have counsel for all qualifying criminal proceedings. In felony and serious misdemeanor matters, Defendant will have counsel, retained or appointed, as early as the initial appearance and throughout the criminal case. (a) Counsel shall consult with Defendant and submit a completed financial affidavit to the court before, during, or immediately following the initial appearance.

Under penalty of perjury, Defendant shall swear to the accuracy of the information included. (b) The court will review Defendant’s financial affidavit, determine whether Defendant qualifies for appointment of counsel, and, if so, appoint counsel. The court may provisionally appoint counsel before a financial affidavit is submitted by Defendant through counsel. (c) If Defendant seeks to retain counsel or does not qualify for court- appointed counsel, then the court will grant a reasonable continuance, not to exceed seven (7) days at any one time, of the next scheduled criminal hearing such as the arraignment or detention hearing.

If Defendant fails for an unreasonable time to appear with his or her own counsel, the district judge or duty magistrate judge shall appoint counsel, subject to the applicable financial eligibility requirements. (d) Defendant has the right to proceed in a criminal case without counsel. If Defendant elects to proceed without counsel, he or she shall sign and file a court-approved form of waiver of right to counsel. The court shall conduct an inquiry with Defendant about the decision to waive counsel and Defendant’s ability to represent himself or herself in the criminal proceeding.

After the appropriate colloquy with Defendant, the court may allow Defendant to proceed without counsel and forego the appointment of counsel. (e) In an appropriate case, the district judge or a magistrate judge may nevertheless designate counsel to advise and assist Defendant who elects to proceed without counsel to the extent Defendant might thereafter desire. This appointment is referred to as “stand-by counsel.” Appointment of stand-by counsel also is made in accordance with the CJA Plan. (f) Defendant is not entitled to counsel in a 28 U.S.C. § 2255 proceeding, except as required by Rule 8(c) of the Rules Governing Section 2255 Proceedings for the United States District Courts.

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