Local Rule CrLR32.3: Presence of Counsel

CrLR32.3. Presence of Counsel. On request, defense counsel is entitled to notice and a reasonable opportunity to attend any interview of the defendant by a probation officer in the course of a presentence investigation.

A. A request to be present at interviews conducted by the probation officer must be made to the probation office immediately after the determination of guilt, followed by written notice to the probation office within 7 days. (Amended by General Order 2009-17, effective December 1, 2009).

B. The term "interview" applies to communications initiated by the probation officer for purposes of developing information which will be used in preparation of the presentence investigation. Spontaneous or unplanned encounters between the defendant and probation officer would not normally fall within the purview of this rule.

C. Having received notice, defense counsel, or his/her designee, is responsible for being present at the interview(s) to enable timely completion of the presentence report.