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Rule 10. Appointment and Waiver of Counsel

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: September 29, 2021

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency and Incorrigibility
1. General Delinquency Provisions
Effective: September 29, 2021
17B A.R.S. Juv.Ct.Rules of Proc., Rule 10
Rule 10. Appointment and Waiver of Counsel
A. Right to Counsel. The juvenile has the right to be represented by counsel in all delinquency and incorrigibility proceedings as provided by law.
B. Appointment of Counsel Due to Indigence. Upon the filing of a petition, the court shall appoint an attorney for the juvenile if the court finds that the juvenile is indigent.
1. Definition. The term indigent means a person not financially able to retain counsel.
2. Determination. The court shall order the juvenile, parent, guardian or custodian of the juvenile to provide proof of financial resources by filing a financial questionnaire provided by the court. The court may question the parent, guardian or custodian under oath. If the court determines the juvenile is entitled to appointed counsel, the parent, guardian or custodian may be ordered to pay a reasonable portion of the cost of counsel.
C. Manner of Appointment. If the court enters an order appointing or denying counsel, a copy of the order or minute entry shall be provided to the juvenile, parent, guardian or custodian, the attorney appointed and the prosecutor.
D. Waiver of Counsel. A juvenile may waive the right to counsel if the court finds that the waiver is knowingly, intelligently and voluntarily given in view of the juvenile's age, education and apparent maturity. The waiver of counsel should also be obtained in the presence of the parent, guardian or custodian in attendance on behalf of the juvenile. Waiver of counsel shall be set out in writing or in the minute entry of the court. If there is a conflict of interest between the juvenile and the parent, guardian or custodian, the court shall impose such safeguards on the waiver of counsel as appear in the best interests of the juvenile.

Credits

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 10, AZ ST JUV CT Rule 10
State Court Rules are current with amendments received through 11/1/21. The Code of Judicial Administration is current with amendments received through 11/1/21.
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