Rule 32.5. Appointment of Counsel
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2020
Effective: January 1, 2020
16A A.R.S. Rules Crim.Proc., Rule 32.5
Formerly cited as AZ ST RCRP Rule 32.4(b)
Rule 32.5. Appointment of Counsel
Upon filing of all other Rule 32 notices, the presiding judge or the judge's designee may appoint counsel for an indigent defendant.
(b) Capital Cases. After the Supreme Court has affirmed an indigent capital defendant's conviction and sentence, the Supreme Court or its designee must appoint counsel who meets the standards of Rules 6.5 and 6.8 and A.R.S. § 13-4041. If the Supreme Court has authorized the presiding judge of the county where the case originated to appoint counsel, the presiding judge must file a copy of the appointment order with the Supreme Court. If a capital defendant files a successive notice, the presiding judge must appoint the defendant's previous post-conviction counsel, unless the defendant waives counsel or there is good cause to appoint another qualified attorney who meets the standards of Rules 6.5 and 6.8 and A.R.S. § 13-4041. On application and if the trial court finds that such assistance is reasonably necessary, it must appoint co-counsel.
(c) Appointment of Investigators, Expert Witnesses, and Mitigation Specialists. On application and if the trial court finds that such assistance is reasonably necessary for an indigent defendant, it may appoint an investigator, expert witnesses, and a mitigation specialist, or any combination of them, under Rule 6.7.
Credits
Added Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 32.5, AZ ST RCRP Rule 32.5
State Court Rules are current with amendments received through August 15, 2024. The Code of Judicial Administration is current with amendments received through August 1, 2024.
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