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Rule 6.1. Right to Counsel; Right to Appointment of an Attorney; Waiver of the Right to Counsel...

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: December 6, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 6. Right to Counsel; Duties of Counsel; Court-Appointed Attorneys, Investigators, and Experts (Refs & Annos)
Effective: December 6, 2023
16A A.R.S. Rules Crim.Proc., Rule 6.1
Rule 6.1. Right to Counsel; Right to Appointment of an Attorney; Waiver of the Right to Counsel; Authority of a Legal Paraprofessional
Currentness
(a) Right to Be Represented by Counsel. A defendant has the right to be represented by counsel in any criminal proceeding. The right to be represented by counsel includes the right to consult privately with counsel, or the counsel's agent, as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody, and sufficiently in advance of a proceeding to allow counsel to adequately prepare for the proceeding.
(b) Right to Appointment of an Attorney.
(1) As of Right. An indigent defendant is entitled to a court-appointed attorney in any criminal proceeding:
(A) that may result in punishment involving a loss of liberty; or
(B) while incarcerated because of a bond imposed at the initial appearance. The appointment will terminate upon the defendant's release from incarceration unless continued appointment is otherwise required by law or ordered by the court.
(2) Discretionary. In any other criminal proceeding, the court may appoint an attorney for an indigent defendant if required by the interests of justice.
(c) Waiver of Right to Counsel. A defendant may waive the right to counsel if the waiver is in writing and if the court finds that the defendant's waiver is knowing, intelligent, and voluntary. After a defendant waives the right to counsel, the court may appoint advisory counsel for the defendant at any stage of the proceedings. In all further matters, the court must give advisory counsel the same notice that is given to the defendant.
(d) Unreasonable Delay in Retaining Counsel. If a defendant appears at a proceeding without counsel, the court may proceed if:
(1) the defendant is indigent and has refused appointed counsel; or
(2) the defendant is not indigent and has had a reasonable opportunity to obtain counsel.
(e) Withdrawal of Waiver. A defendant may withdraw a waiver of the right to counsel at any time. But the fact that counsel is later appointed or retained does not alone establish a basis for repeating any proceeding previously held or waived.
(f) Right to Be Represented by a Legal Paraprofessional. A defendant may be represented by a legal paraprofessional in criminal cases and proceedings as provided in ACJA § 7-210. This does not affect the right to appointment of an attorney under (b)(1)(B). A legal paraprofessional must be permitted to consult privately with the defendant as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody, and sufficiently in advance of a proceeding to allow a legal paraprofessional to adequately prepare for the proceeding. A legal paraprofessional must comply with all duties in Rule 6.3(a), (c), and (d).
(g) Definition of Indigency. For the purposes of this rule, “indigent” means a person who is not financially able to retain counsel.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 30, 2021, effective Jan. 1, 2022; Aug. 29, 2022, effective Jan. 1, 2023. Amended on an emergency basis, effective Dec. 6, 2023.
16A A. R. S. Rules Crim. Proc., Rule 6.1, AZ ST RCRP Rule 6.1
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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