(a)Right to assigned counsel. – Every defendant who is unable to obtain counsel shall be entitled to have counsel assigned to represent him or her at every stage of the proceedings from initial appearance before the magistrate or the court through appeal, unless the defendant waives such appointment. (b)Assignment procedure. – The procedures for implementing the rights set out in subdivision (a) shall be those provided by Chapter 51, Article 11, Section 1, et seq., of the West Virginia Code of 1931, as amended, and by local rules of court established pursuant thereto. (c)Joint representation. – Whenever two or more defendants have been jointly charged pursuant to Rule 8(b) or have been joined for trial pursuant to Rule 13, and are represented by the same retained or assigned counsel or by retained or assigned counsel who are associated in the practice of law, the court shall promptly inquire with respect to such joint representation and shall personally advise each defendant of the right to effective assistance of counsel, including separate representation. Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant’s right to counsel.
W.Va. R. Crim. P. 44
Effective October 1, 1981; amended effective September 1, 1995.
