Arizona

Criminal Procedure

Criminal Procedure

Rule 6.4 – Determining Whether a Person is Indigent

(a)Questionnaire. To show indigency, a defendant must complete under oath a financial resources form approved by the Supreme Court. A judicial officer responsible for determining whether a defendant is indigent may question the defendant under oath regarding the defendant’s financial resources. Before questioning, the court must advise the defendant of the penalties for perjury set forth in A.R.S. ยงยง 13-2701 et seq.
(b)Redetermination of Indigency. If there is a material change in circumstances, the defendant, defense counsel, or the State may request that the court make a new indigency determination.
(c)Payment by the Defendant.

(1)Generally. If a court finds that a defendant can afford to pay part of the cost of appointed counsel without incurring substantial hardship, the court may order the defendant to pay that amount to the clerk.
(2)Failure to Pay. A defendant’s failure to pay an amount ordered by the court is not a basis for finding the defendant in contempt, and appointed counsel may not withdraw solely on this ground. But the county or municipality may enforce an order under (c)(1) as a civil judgment.
(3)Court Order Required. Without court approval, an attorney, organization, or agency may not request or accept payment from the defendant for providing legal services under the court appointment.

Ariz. R. Crim. P. 6.4

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 6.4, relating to determination of indigency, was abrogated effective January 1, 2018.