David K. Byers
Administrative Office of the Courts
1501 W. Washington, Suite 411
Phoenix, AZ 85007
(602) 452-3301 [email protected]
The purpose of this petition is to clarify the current Rule 6.1(b), Arizona Rules of Criminal Procedure, having to do with the appointment of counsel at initial appearance and the scope of that representation. The proposed rule amendment would clarify that an indigent person is entitled to counsel in a criminal proceeding if the person is detained because of a bond imposed at the initial appearance and that the appointment would terminate upon the defendant’s release from custody unless (1) the law otherwise requires appointment of counsel because the criminal proceeding may result in punishment involving a loss of liberty, such as DUI, or (2) the court orders the appointment to continue in the interest of justice.
Expedited Consideration and Emergency Adoption Requested.
Filed: August 18, 2023
Would clarify Rule 6.1(b) of the Rules of Criminal Procedure regarding the appointment of counsel at an initial appearance and the scope of that representation.
Comments due no later than October 2, 2023.
Any reply by Petitioner is due no later than October 16, 2023. Unless the Court denies the rule petition during the December 2023 Rules Agenda, the petition will be reopened for public comment until May 1, 2024, with any reply due June 3, 2024.