(1)  Assignment of Lawyer.  

(a)  Unless waived, counsel shall be provided to any person who is financially unable to obtain an attorney without causing substantial hardship to the defendant or the defendant’s family.

(b)  Financial Screening.

(i)  The initial interview and financial screening to determine eligibility for counsel at public expense shall be conducted by the District Court.  Said department shall make an immediate determination of eligibility.  If a person is found to be partially eligible, a recommendation indicating this shall be completed and sent to the judge.

(ii)  The District Court may perform the initial screening at any time without a referral from the Court as long as the person has not appeared in court.  Once a person has appeared, screening may be done upon proof change in financial situation.      

(iii)  If at any time it appears that a person has retained private counsel, has funds sufficient to do so, or is otherwise not eligible for defense services, the appointed attorney may notify the Court and ask its guidance.  Conversely, if it appears that counsel previously retained by a person has withdrawn, or that a person thought to have funds sufficient to obtain private counsel is not in fact able to do so, the defendant may be referred for a redetermination of eligibility.

(c)  Reimbursement of Attorney Fees.  In no case shall appointed counsel set or attempt to obtain reimbursement for the costs of defense services. 

[Amended September 1, 2018; Amended July 1, 2020; Amended September 1, 2021]

(2)  Withdrawal of lawyer.

(a)  Duties of attorney before withdrawal.

(i) Before asking permission to withdraw from the court, or filing a notice of withdrawal, counsel of record should attempt to determine whether or not a client who has been sentenced, or who is facing sentencing, intends to pursue an appeal of his or her conviction.

(b)  Upon being notified that a client who has been sentenced or is facing sentencing wishes to file an appeal, the attorney of record shall do the following before withdrawing from the representation:

(i)  Prepare and file the notice of appeal in the form prescribed by the court rule.

(ii)  In the case of an indigent client, prepare a motion and order in forma pauperis (IFP), providing for the preparation of the record, and transmittal of clerk’s papers at public expense, waiving the filing fee for the appeal, and providing for appointment of new counsel on appeal. This order should be presented to the sentencing court, and filed with the clerk by the withdrawing attorney. The order shall require the clerk of the court to promptly notify new counsel of the appointment for the appeal.

(iii)  Present and file an order setting conditions of release on appeal. 

[Adopted February 15, 2005]

(3)  Services Other Than a Lawyer

(a)  Pursuant to the authority under CrRLJ 3.1(f) all requests for expenditure for investigative and expert services for State cases and City of Vancouver cases are hereby delegated to the Clark County Indigent Defense Coordinator and the City of Vancouver Indigent Defense Coordinator respectively.

[Adopted April 26, 2007; Amended May 22, 2013]