Arizona

Criminal Procedure

Criminal Procedure

Rule 32.5 – Appointment of Counsel

(a)Noncapital Cases. No later than 15 days after the defendant has filed a timely first notice under Rule 32.4, the presiding judge must appoint counsel for the defendant if:

(1) the defendant requests it;
(2) the defendant is entitled to appointed counsel under Rule 6.1(b); and
(3) there has been a previous determination that the defendant is indigent, or the defendant has completed a declaration of indigency and the court finds that the defendant is indigent.

Upon filing of all other Rule 32 notices, the presiding judge or the judge’s designee may appoint counsel for an indigent defendant.

(b) Capital Cases. After the Supreme Court has affirmed an indigent capital defendant’s conviction and sentence, the Supreme Court or its designee must appoint counsel who meets the standards of Rules 6.5 and 6.8 and A.R.S. § 13-4041. If the Supreme Court has authorized the presiding judge of the county where the case originated to appoint counsel, the presiding judge must file a copy of the appointment order with the Supreme Court. If a capital defendant files a successive notice, the presiding judge must appoint the defendant’s previous post-conviction counsel, unless the defendant waives counsel or there is good cause to appoint another qualified attorney who meets the standards of Rules 6.5 and 6.8 and A.R.S. § 13-4041. On application and if the trial court finds that such assistance is reasonably necessary, it must appoint co-counsel.
(c) Appointment of Investigators, Expert Witnesses, and Mitigation Specialists. On application and if the trial court finds that such assistance is reasonably necessary for an indigent defendant, it may appoint an investigator, expert witnesses, and a mitigation specialist, or any combination of them, under Rule 6.7.
(d) Attorney-Client Privilege and Confidentiality for the Defendant. The defendant’s prior counsel must share all files and other communications with post-conviction counsel. This sharing of information does not waive the attorney-client privilege or confidentiality claims.

Ariz. R. Crim. P. 32.5

Added by August 31, 2017, effective January 1, 2018; amended August 29, 2019, effective January 1, 2020.