Rule 31.5. Appointment of Counsel on Appeal; Waiver of the Right to Appellate Counsel
Arizona Revised Statutes AnnotatedRules of Criminal Procedure
16A A.R.S. Rules Crim.Proc., Rule 31.5
Rule 31.5. Appointment of Counsel on Appeal; Waiver of the Right to Appellate Counsel
(1) If Indigent in Superior Court. A defendant who was indigent when sentenced may proceed on appeal as indigent without further authorization, unless after a notice of appeal is filed, the superior court finds that the defendant is financially able to employ counsel and pay for a certified copy of the record on appeal, including a certified transcript.
(2) If Not Indigent in Superior Court. A defendant who was not indigent when sentenced may proceed as indigent on appeal by filing in the superior court a request to proceed as indigent, together with a completed sworn questionnaire required under Rule 6.4(a). The superior court clerk must immediately provide a copy of the defendant's request and questionnaire to the State. The superior court may require the defendant to appear for an inquiry into his or her ability to pay. The court must promptly grant or deny the defendant's request.
(c) Motion in the Appellate Court. If the superior court finds that a defendant is not entitled to proceed as indigent, the defendant may file a motion in the appellate court for permission to proceed as indigent, together with a copy of the sworn questionnaire required by (a)(2). The appellate court, or a single judge of that court, must promptly rule on the motion.
(5) Withdrawal of Waiver. In the interest of justice, the appellate court may grant a defendant's written request to withdraw a waiver of the right to appellate counsel. The defendant is not entitled to repeat any proceeding previously held or waived merely because counsel is later appointed or retained.
Credits
Added by Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 31.5, AZ ST RCRP Rule 31.5
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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