Rule 26 Appointment of Counsel for Indigent Defendants

When someone is charged with a crime in magistrate court and cannot afford a lawyer, the court must tell them they have the right to a lawyer. If the person asks for one and qualifies as indigent (meaning they do not have enough money to hire their own attorney), the court will appoint a lawyer to represent them at no cost.

The magistrate judge looks at the person's financial situation to decide if they qualify. This usually means checking income, assets, and expenses. If the court finds the person cannot afford a lawyer, it will follow the local rules or procedures for assigning a public defender or appointed counsel.

This right to a lawyer applies when the person is facing a charge where they could go to jail if convicted. If jail time is not a possible punishment for the charge, the court is not required to appoint a lawyer.