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Rule 206 Appointment of Attorney for a Juvenile

Part II. Delinquency | 1. Delinquency Scope and Procedures

(a) Right to an Attorney. A juvenile has the right to be represented by an attorney in all delinquency and incorrigibility proceedings initiated by petition or citation as provided by law.

(b) Appointment of an Attorney. A juvenile has the right to be represented by a court-appointed attorney as provided in A.R.S. Title 8. The juvenile court must appoint counsel for the juvenile in a delinquency proceeding if it is commenced by petition or may involve detention.

(c) Cost of a Court-Appointed Attorney. If the court determines the juvenile is entitled to a court-appointed attorney, the cost of the court-appointed attorney may not be assessed against the juvenile, the juvenile's parent, DCS or ADJC.

(d) Manner of Appointment. The court must provide a copy of its order or minute entry appointing or denying the appointment of an attorney to the juvenile, the parent, the court-appointed attorney, and the State.

(e) Waiver of Counsel. A juvenile may waive the right to an attorney if the court finds, after a colloquy with the juvenile and considering the juvenile's age, education, apparent maturity, and understanding, that the juvenile's waiver is knowing, intelligent, and voluntarily. A waiver of the right to an attorney must be in writing or in a minute entry. The court should obtain a waiver of an attorney in the presence of the juvenile's parent.

Amendment history: Added Dec. 8, 2021, effective July 1, 2022. Amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023; amended on an emergency basis Aug. 24, 2023, effective Oct. 30, 2023, permanently adopted Dec. 6, 2023, effective Jan. 1, 2024.