Section 169-B:12 Appointment of Counsel; Waiver of Counsel.
I. Absent a valid waiver, the court shall appoint counsel at the time of arraignment of an indigent minor, provided that an indigent minor detained pursuant to RSA 169-B:11, III, shall have counsel appointed upon the issuance of the detention order. For purposes of the appointment of counsel under this section, an indigent minor shall be a minor who satisfies the court, after appropriate inquiry, that the minor is financially unable to independently obtain counsel. If the court believes the minor has a cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.
I-a. When an attorney is appointed as counsel for a child, representation shall include counsel and investigative, expert and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child.
II. The court may accept a waiver of counsel in a delinquency proceeding only when:
(a) The minor is represented by a non-hostile parent, guardian or custodian; and
(b) Both the minor and parent, guardian or custodian agree to waive counsel; and
(c) In the court's opinion the waiver is made competently, voluntarily and with full understanding of the consequences; and
(d) [Repealed.]
III. Whenever a court appoints counsel pursuant to the provisions of paragraph I, the court shall conduct an appropriate inquiry as to whether any person who pursuant to RSA 546-A:2 is liable for the support of the minor for whom counsel was appointed is financially able to pay for such minor's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided. For the purposes of this paragraph, the inquiry conducted by the court shall include notice and hearing to the person liable for support.
IV. A juvenile shall not be subject to detention unless:
(a) The juvenile is represented by counsel at the hearing where detention is ordered; or
(b) Detention is ordered on an emergency basis and a detention hearing is scheduled within 24 hours of the emergency detention, Saturdays, Sundays and holidays excepted, at which hearing the juvenile shall be represented by counsel.
Source. 1979, 361:2. 1981, 568:20, IV, V. 1995, 302:11. 1997, 292:1. 2001, 162:2, 3, eff. Jan. 1, 2002. 2008, 274:3, eff. July 1, 2008.