Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 604-A:2 · Appointment of Counsel

Title
LIX: PROCEEDINGS IN CRIMINAL CASES
Chapter
604-A · ADEQUATE REPRESENTATION FOR INDIGENT DEFENDANTS IN CRIMINAL CASES
Status
current
Official source linked
Yes
Official source Copy section link

604-A:2 Appointment of Counsel. –

Copy link
I.

In every criminal case in which the defendant is charged with a felony or a class A misdemeanor and appears without counsel, the court before which he or she appears shall advise the defendant that he or she has a right to be represented by counsel and that counsel will be appointed to represent him or her if he or she is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, if the defendant indicates to the court that he or she is financially unable to obtain counsel, the court shall instruct the defendant to complete a financial statement under oath. If after review of the financial statement under oath the court is satisfied that the defendant is financially unable to obtain counsel, the court shall appoint counsel to represent him or her; provided, however, that in any case in which the defendant is charged with a capital offense, the court may appoint 2 counsel to represent him or her. Whenever defendants have such conflicting interests that they cannot be properly represented by the same counsel, or when other good cause is shown, the court shall appoint separate counsel for each of them. In a post-conviction proceeding in which a defendant seeks to attack the validity of an underlying conviction, the court shall appoint counsel or approve a request for services other than counsel when the interests of justice or judicial economy require.

Copy link
II.

Whenever the court makes an appointment under paragraph I, the appointment shall be made as follows: first, appointment of the public defender program under RSA 604-B if that office is available; second, in the event the public defender program is not available, appointment of a contract attorney under RSA 604-A:2-b if such an attorney is available; and third, in the event that neither the public defender program nor a contract attorney is available, the appointment of any qualified attorney under paragraph I. II-a. [Repealed.]

Copy link
III.

[Repealed.]

Copy link
IV.

(a) The court shall review any information available to it regarding the defendant's mental condition and shall require the state to disclose any information as to the defendant's mental condition. If the court has information indicating the defendant has a mental illness, the court shall act on any application for appointed counsel on the same day as the defendant's first court appearance. If the application is approved, the court shall, by phone, notify the attorney appointed to represent the defendant and immediately transmit all relevant court documents to the attorney by facsimile or other electronic transmission.

Copy link
(b)

The court shall appoint counsel without formal application if the defendant is without counsel and mental illness appears to be interfering with the defendant's ability to communicate, understand court proceedings, or to complete a formal application on a timely basis.

Copy link
(c)

If a public defender is appointed, the public defender, upon receiving notification that the defendant may have a mental illness, shall, on the day notice of the appointment is received, designate a specific attorney to represent the defendant. Source. 1965, 296:1. 1973, 370:23. 1981, 568:20, II. 1985, 342:1. 1989, 345:3, 4. 1993, 190:19, eff. Jan. 1, 1994. 2010, 250:3, eff. Jan. 2, 2011. 2014, 188:2, eff. Jan. 1, 2015. 2015, 21:1, eff. May 5, 2015. 2019, 346:394, eff. July 1, 2019. 2024, 333:3, eff. Aug. 2, 2024; 333:7, eff. Jan. 1, 2026. 2025, 141:216; 141:222, VII, eff. July 1, 2025.

Copy link

Source note

Source. 1965, 296:1. 1973, 370:23. 1981, 568:20, II. 1985, 342:1. 1989, 345:3, 4. 1993, 190:19, eff. Jan. 1, 1994. 2010, 250:3, eff. Jan. 2, 2011. 2014, 188:2, eff. Jan. 1, 2015. 2015, 21:1, eff. May 5, 2015. 2019, 346:394, eff. July 1, 2019. 2024, 333:3, eff. Aug. 2, 2024; 333:7, eff. Jan. 1, 2026. 2025, 141:216; 141:222, VII, eff. July 1, 2025.

Source history

  • 1965, 296:1
  • 1973, 370:23
  • 1981, 568:20, II
  • 1985, 342:1
  • 1989, 345:3, 4
  • 1993, 190:19, eff. Jan. 1, 1994
  • 2010, 250:3, eff. Jan. 2, 2011
  • 2014, 188:2, eff. Jan. 1, 2015
  • 2015, 21:1, eff. May 5, 2015
  • 2019, 346:394, eff. July 1, 2019
  • 2024, 333:3, eff. Aug. 2, 2024; 333:7, eff. Jan. 1, 2026
  • 2025, 141:216; 141:222, VII, eff. July 1, 2025

Related materials

Bill relationships

  • 2026 HB611 add · effective 2026-01-01

    with being delinquent who has had counsel or a public defender assigned to him or her at the expense of the state, or any person liable for the support of the juvenile pursuant to RSA 604-A:2-a, shall be ordered by the court to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the c

  • 2026 HB611 reference · effective 2026-01-01

    defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new

  • 2026 HB611 amend · effective 2026-01-01

    UNSEL [IF I AM CONVICTED] UNLESS THE COURT FINDS THAT I AM OR WILL BE FINANCIALLY UNABLE TO PAY. 3 Appointment of Counsel for Nonpayment or Performance; Reference Change. Amend RSA 604-A:2-f, IV to read as follows: IV. When the court appoints counsel to represent a defendant in a proceeding under this section, the court shall grant the defendant relief from the obligation to repay the state for appointed c

  • 2026 HB611-FN add · effective 2026-01-01

    with being delinquent who has had counsel or a public defender assigned to him or her at the expense of the state, or any person liable for the support of the juvenile pursuant to RSA 604-A:2-a, shall be ordered by the court to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the c

  • 2026 HB611-FN amend · effective 2026-01-01

    UNSEL [IF I AM CONVICTED] UNLESS THE COURT FINDS THAT I AM OR WILL BE FINANCIALLY UNABLE TO PAY. 3 Appointment of Counsel for Nonpayment or Performance; Reference Change. Amend RSA 604-A:2-f, IV to read as follows: IV. When the court appoints counsel to represent a defendant in a proceeding under this section, the court shall grant the defendant relief from the obligation to repay the state for appointed c

  • 2026 HB611-FN reference · effective 2026-01-01

    defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new

  • 2025 HB2 reference

    administrative services adopting rules governing determinations of eligibility for payment of indigent defense expenditures, determinations of repayment schedules, and financial and credit investigations. VII. RSA 604-A:2, III, relative to commissioner decision on eligibility for counsel. 141:223 Education; Adequate Education; Education Trust Fund; Annual Adjustment. Amend RSA 198:40-d to read as follows: 198:40-d Annual Adjust

  • 2025 HB2 amend

    equest for services other than counsel when the interests of justice or judicial economy require. 141:217 Adequate Representation for Indigent Defendants in Criminal Cases; Determining Financial Ability. Amend RSA 604-A:2-c to read as follows: 604-A:2-c Determination of Financial Ability. The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the m

  • 2025 HB2 reference

    investigative, expert, or other services and expenses approved by the circuit court that are necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 2

  • 2025 HB2 repeal

    ney owed under RSA 604-A:9 destroyed. 141:222 Repeal. The following are repealed: I. RSA 21-I:4, IV, relative to the office of cost containment. II. RSA 21-I:7-b, relative to the unit of cost containment. III. RSA 604-A:2-a, relative to additional inquiry regarding appointed counsel for indigent criminal defendants. IV. RSA 604-A:2-d, relative to partial liability regarding appointed counsel for indigent criminal defendants. V. R

  • 2025 HB2 reference

    the office of cost containment. II. RSA 21-I:7-b, relative to the unit of cost containment. III. RSA 604-A:2-a, relative to additional inquiry regarding appointed counsel for indigent criminal defendants. IV. RSA 604-A:2-d, relative to partial liability regarding appointed counsel for indigent criminal defendants. V. RSA 604-A:2-f, IV, relative to appointment of counsel for nonpayment or nonperformance. VI. RSA 604-A:10, IV, rel

  • 2025 HB2 reference

    a, relative to additional inquiry regarding appointed counsel for indigent criminal defendants. IV. RSA 604-A:2-d, relative to partial liability regarding appointed counsel for indigent criminal defendants. V. RSA 604-A:2-f, IV, relative to appointment of counsel for nonpayment or nonperformance. VI. RSA 604-A:10, IV, relative to rulemaking authority by the commissioner of administrative services adopting rules governing determin

Opinions and discipline decisions mentioning this RSA