Rule 7.3 Determination of Indigency; Appointment of Counsel;

Compensation.

(a) Standard for Indigency. The term “indigent” as used in these Rules means a person who is financially unable to employ counsel.

(b) Affidavit or Sworn Testimony of Substantial Hardship. A defendant desiring to proceed as an indigent may complete an affidavit concerning the defendant’s financial resources on a court-approved form. In lieu of an affidavit, or together with an affidavit, the defendant may be examined under oath regarding defendant’s financial resources by the judge responsible for determining indigency. Before said questioning, the defendant shall be advised of the penalties for perjury as provided by law.

(c) Reconsideration. Following a determination of indigency or non-indigency, if there has been a material change in circumstances, the defendant, the appointed attorney, or the prosecutor may move for reconsideration.

(d) Order of Appointment. Whenever counsel is appointed, the court shall enter an order to that effect, a copy of which shall be provided to the defendant, the appointed attorney, and the prosecutor.

(e) Appointment of Public Defender. In counties or municipalities which have a public defender, the public defender shall represent all defendants entitled to appointed counsel whenever authorized by law and able to do so.

(f) Other Appointments. If the public defender is not appointed, a private attorney shall be appointed to the case. All criminal appointments shall be made in a manner fair and equitable to the members of the bar, taking into account the skill likely to be required in handling a particular case.

(g) Appointment of Counsel During Appeal Following Withdrawal. When prior counsel is permitted to withdraw, the trial or appellate court shall appoint new counsel for a defendant legally entitled to such representation on appeal.

(h) Compensation. A private attorney appointed to represent an indigent defendant is entitled to compensation for services rendered as provided by law. Other than compensation for services rendered as provided by law, no appointed counsel may request or accept any payment or promise of payment for assisting in the representation of a defendant.

(i) Expenses. Appointed counsel shall be entitled to reasonable and necessary expenses incurred in defense of an indigent client, including fees and expenses of expert or professional persons, provided that such expenses are approved in the sound discretion of the court. Extraordinary expenses, including expert expenses, shall be approved in advance by the court.