Rule 37-6. Appointment of Public Defender

(a) If the judicial authority determines after investigation by the public defender that the defendant is indigent, the judicial authority may designate the public defender or a public defender assigned counsel to represent the defendant unless, in a misdemeanor case, at the time of the application for appointment of counsel, the judicial authority decides or believes that disposition of the pending case will not result in a sentence involving incarceration or a suspended sentence of incarceration with a period of probation or conditional discharge, and makes a statement to that effect on the record. If the public defender or his or her office determines that a defendant is not eligible to receive the services of a public defender, the defendant may appeal the public defender's decision to the judicial authority in accordance with General Statutes § 51-297 (g). The judicial authority may not appoint the public defender or a public defender assigned counsel unless the judicial authority finds the defendant indigent following such appeal. If a conflict of interest or other circumstance exists which prevents the public defender from representing the defendant, the judicial authority, upon recommendation of the public defender or upon its own motion, may appoint a public defender assigned counsel to represent the defendant.

(b) The fact that the judicial authority, in a misdemeanor case, decides or believes that disposition of the pending case will not result in a sentence involving incarceration or a suspended sentence of incarceration with a period of probation or conditional discharge, shall not preclude the judicial authority from appointing, in its discretion,a public defenderor apublic defenderassigned counsel to represent an indigent defendant.

(c) The judicial authority may designate the public defender or a public defender assigned counsel to represent a defendant who is subject to a motion to arraign such defendant remotely or without his or her presence, pursuant to subsection

(c) of Section 37-1, and who is not represented by counsel. Counsel for the defendant shall file an appearance in accordance with subsection (c) of Section 3-6. Such appearance shall expire upon the defendant's first appearance in court. If the defendant thereafter applies for public defender services, the judicial authority may designate the public defender or public defender assigned counsel to represent the defendant in full in accordance with subsection (a) of this section.

Committee Notes

(P.B. 1978-1997, Sec. 641.) (Amended June 11, 2021, to take effect Jan. 1, 2022.)