Counsel furnishing representation under the plan shall in every case be selected from panels of attorneys designated and approved by the courts. In all cases where a person faces a loss of liberty and the Constitution or any other law requires the appointment of counsel, the court shall advise the defendant or respondent that he or she has the right to be represented by counsel and that counsel will be appointed to represent the defendant or respondent if such person is financially unable to obtain counsel. Unless the defendant or respondent waives representation by counsel, the court, if satisfied after appropriate inquiry that the defendant or respondent is financially unable to obtain counsel, shall appoint counsel to represent that person. Such appointment may be made retroactive to include any representation furnished pursuant to the plan prior to appointment. The court shall appoint separate counsel for defendants or respondents having interests that cannot properly be represented by the same counsel, or when other good cause is shown. In all cases covered by this Act where the appointment of counsel is discretionary, the defendant or respondent shall be advised that counsel may be appointed to represent the defendant or respondent if such person is financially unable to obtain counsel, and the court shall in all such cases advise the defendant or respondent of the manner and procedures by which such person may request the appointment of counsel.
CREDIT(S)
(Sept. 3, 1974, 88 Stat. 1090, Pub. L. 93-412, § 2; June 13, 1994, Pub. L. 103-266, §§ 1(b)(117)-(119), 108 Stat. 713.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 11-2602.
1973 Ed., § 11-2602.
References in Text
“This Act,” referred to in the last sentence of this section, appears in the original but probably should read “this chapter.”.