RULE CrRLJ 3.1
                       RIGHT TO AND ASSIGNMENT OF LAWYER


    (a) Types of Proceedings. The right to a lawyer shall extend to all
criminal proceedings for offenses punishable by loss of liberty regardless of
their denomination as felonies, misdemeanors, or otherwise.

    (b) Stage of Proceedings.

    (1) The right to a lawyer shall accrue as soon as feasible after the
defendant has been arrested, appears before a committing magistrate, or is
formally charged, whichever occurs earliest.

    (2) A lawyer shall be provided at every critical stage of the proceedings.

    (c) Explaining the Availability of a Lawyer.

    (1) When a person has been arrested he or she shall as soon as practicable
be advised of the right to a lawyer. Such advice shall be made in words easily
understood, and it shall be stated expressly that a person who is unable to pay
a lawyer is entitled to have one provided without charge.

    (2) At the earliest opportunity a person in custody who desires a lawyer
shall be provided access to a telephone, the telephone number of the public
defender or official responsible for assigning a lawyer, and any other means
necessary to place him or her in communication with a lawyer.

    (d) Assignment of Lawyer.

    (1) Unless waived, a lawyer shall be provided to any person who is
financially unable to obtain one without causing substantial hardship to the
person or to the person's family. A lawyer shall not be denied to any person
merely because his or her friends or relatives have resources adequate to
retain a lawyer or because he or she has posted or is capable of posting bond.

    (2) The ability to pay part of the cost of a lawyer shall not preclude
assignment. The assignment of a lawyer may be conditioned upon part payment
pursuant to an established method of collection.

    (3) Information given by a person to assist in the determination of whether
he or she is financially able to obtain a lawyer shall be under oath and shall
not be available for use to the prosecution in the pending case in chief.

    (4) Before appointing a lawyer for an indigent person, or at the first
appearance of the lawyer in the case, the court shall require the lawyer to
certify to the court that he or she complies with the applicable Standards for
Indigent Defense Services to be approved by the Supreme Court.

    (e) Withdrawal of Lawyer. Whenever a case has been set for trial, no lawyer
shall be allowed to withdraw except upon consent of the court for good cause
shown and upon substitution of another lawyer or upon the defendant's knowing
and voluntary decision to proceed without a lawyer.

    (f) Services Other Than Lawyer.

    (1) A lawyer for a defendant who is financially unable to obtain
investigative, expert or other services necessary to an adequate defense in the
case may request them by a motion to the court.

    (2) Upon finding that the services are necessary and that the defendant is
financially unable to obtain them, the court, or a person or agency to which
the administration of the program may have been delegated by local court rule,
shall authorize the services. The motion may be made ex parte, and, upon a
showing of good cause, the moving papers may be ordered sealed by the court,
and shall remain sealed until further order of the court. The court, in the
interest of justice and on a finding that timely procurement of necessary
services could not await prior authorization, shall ratify such services after
they have been obtained.

    (3) Reasonable compensation for the services shall be determined and
payment directed to the organization or person who rendered them upon the
filing of a claim for compensation supported by affidavit specifying the time
expended and the services and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same services from any
other source.


[Amended effective September 1, 1995; June 30, 2012].