Rule 33.5 Appointment of Counsel
VIII. Appeal and Other Post–Conviction Relief | Rule 33. Post–Conviction Relief for Defendants Who Pled Guilty or NO Contest, Who Admitted a Probation Violation, or Who Had an Automatic Probation Violation
Rule Text
(a) Generally. No later than 15 days after the defendant has filed a timely first notice under Rule 33.4, or a notice under Rule 33.4(b)(3)(C), the presiding judge must appoint counsel for the defendant if:
(1) the defendant requests it;
(2) the defendant is entitled to appointed counsel under Rule 6.1(b); and
(3) there has been a previous determination that the defendant is indigent, or the defendant has completed a declaration of indigency and the court finds that the defendant is indigent.
Upon filing of all other Rule 33 notices, the presiding judge or the judge's designee may appoint counsel for an indigent defendant.
(b) 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.
(c) Attorney-Client Privilege and Confidentiality for the Defendant. The defendant's prior counsel must share all files and other communications with post-conviction counsel. This sharing of information does not waive the attorney-client privilege or confidentiality claims.
Amendment history: Added Aug. 29, 2019, effective Jan. 1, 2020.