Rule 3.1. Right to and Assignment of Lawyer

CrR 3.1

RIGHT TO AND ASSIGNMENT OF LAWYER

(a) Types of Proceedings. The right to a lawyer shall extend to all criminal proceedings

for offenses punishable by loss of liberty regardless of their denomination as felonies,

misdemeanors, or otherwise.

(b) Stage of Proceedings.

(1) The right to a lawyer shall accrue as soon as feasible after the defendant is taken into

custody, appears before a committing magistrate, or is formally charged, whichever occurs

earliest.

(2)(A) A lawyer shall be provided at every stage of the proceedings, including sentencing,

appeal, and post-conviction review. A lawyer initially appointed shall continue to represent the

defendant through all stages of the proceedings unless a new appointment is made by the court

following withdrawal of the original lawyer pursuant to section (e) because geographical

considerations or other factors make it necessary.

(B) A person shall be provided a lawyer where they have demonstrated under

CrR 7.8(c)(2)(i) that they are (i) serving a sentence for a conviction based on a statute determined

to be void, invalid, or unconstitutional by the United States Supreme Court, the Washington

Supreme Court, or an appellate court where review either was not sought or was denied or (ii)

serving a sentence that was calculated under RCW 9.94A.525 using a prior or current conviction

based on such a statute. Where that person is currently serving the underlying sentence in a

correctional institution and was determined to be indigent at the time of sentencing, that person is

presumed to remain indigent and has the right to assignment of counsel.

s not sought or was denied or (ii)

serving a sentence that was calculated under RCW 9.94A.525 using a prior or current conviction

based on such a statute. Where that person is currently serving the underlying sentence in a

correctional institution and was determined to be indigent at the time of sentencing, that person is

presumed to remain indigent and has the right to assignment of counsel.

(c) Explaining the Availability of a Lawyer.

(1) When a person is taken into custody that person shall immediately be advised of the

right to a lawyer. Such advice shall be made in words easily understood, and it shall be stated

expressly that a person who is unable to pay a lawyer is entitled to have one provided without

charge.

(2) At the earliest opportunity a person in custody who desires a lawyer shall be provided

access to a telephone, the telephone number of the public defender or official responsible for

assigning a lawyer, and any other means necessary to place the person in communication with a

lawyer.

(d) Assignment of Lawyer.

(1) Unless waived, a lawyer shall be provided to any person who is financially unable to

obtain one without causing substantial hardship to the person or to the person’s family. A lawyer

shall not be denied to any person merely because the person's friends or relatives have resources

adequate to retain a lawyer or because the person has posted or is capable of posting bond.

(2) The ability to pay part of the cost of a lawyer shall not preclude assignment. The

assignment of a lawyer may be conditioned upon part payment pursuant to an established method

of collection.

(3) Information given by a person to assist in the determination of whether the person is

financially able to obtain a lawyer shall be under oath and shall not be available for use by the

prosecution in the pending case in chief.

e cost of a lawyer shall not preclude assignment. The

assignment of a lawyer may be conditioned upon part payment pursuant to an established method

of collection.

(3) Information given by a person to assist in the determination of whether the person is

financially able to obtain a lawyer shall be under oath and shall not be available for use by the

prosecution in the pending case in chief.

(4) Before appointing a lawyer for an indigent person, or at the first appearance of the

lawyer in the case, the court shall ensure the lawyer is in compliance with the Certification of

Compliance requirement in the Supreme Court’s Standards for Indigent Defense.

(e) Withdrawal of Lawyer. Whenever a criminal cause has been set for trial, no lawyer

shall be allowed to withdraw from said cause, except upon written consent of the court, for good

and sufficient reason shown.

(f) Services Other Than a Lawyer.

(1) A lawyer for a defendant who is financially unable to obtain investigative, expert or

other services necessary to an adequate defense in the case may request them by a motion to the

court.

(2) Upon finding the services are necessary and that the defendant is financially unable to

obtain them, the court, or a person or agency to which the administration of the program may

have been delegated by local court rule, shall authorize the services. The motion shall be made ex

parte and, upon a showing of good cause, the moving papers may be ordered sealed by the court

and shall remain sealed until further order of the court. The court, in the interest of justice and on

a finding that timely procurement of necessary services could not await prior authorization, shall

ratify such services after they have been obtained.

orize the services. The motion shall be made ex

parte and, upon a showing of good cause, the moving papers may be ordered sealed by the court

and shall remain sealed until further order of the court. The court, in the interest of justice and on

a finding that timely procurement of necessary services could not await prior authorization, shall

ratify such services after they have been obtained.

(3) Reasonable compensation for the services shall be determined and payment directed to

the organization or person who rendered them upon the filing of a claim for compensation

supported by affidavit specifying the time expended and the services and expenses incurred on

behalf of the defendant, and the compensation received in the same case or for the same services

from any other source.

Comment

Supersedes RCW 10.01.110; RCW 10.40.030; RCW 10.46.050.