95-3.

• Case Date: March 17, 1995
• Court: Alaska

Alaska Ethics Opinion 1995. 95-3. Ethics Opinion No. 95-3 Obligation of Appointed Defense Counsel to Reveal Change in Client's Financial Position Effecting Eligibility.The Committee has been asked the following question: Does defense counsel in a criminal proceeding have an obligation to reveal client confidences to the court if relevant to the client's eligibility for appointed counsel? The Committee concludes that Alaska Rule of Professional Conduct 3.3 and Administrative Rule 12(f) each impose an independent obligation on defense counsel to inform the court of changes in the client's financial status which may affect the client's continued eligibility to receive legal services at public expense. Facts The facts presented to the Committee are as follows: Client is represented at trial in a criminal case by private counsel. After conviction, Client appeals and applies to the court for appointment of the Public Defender Agency. The court determines that Client is indigent and appoints the Public Defender. In the course of an interview, Client reveals to his attorney that he has recently completed a business venture, and wants to place $200,000 in trust to be applied to his restitution, in the event his conviction is upheld. If this information is true, Client may no longer be eligible for appointment of counsel at public expense. Rules Administrative Rule 12 and Criminal Rule 39 of the Alaska Rules of Court govern the procedures for appointment of counsel at public expense. Administrative Rule 12 provides, in pertinent part: Rule 12. Procedure for Counsel and Guardian Ad Litem Appointments at Public Expense (a) Intent. The court shall appoint counsel or a guardian ad litem only when the court specifically determines that the appointment is clearly authorized by law or rule, and that the person for whom the appointment is made is financially eligible for an appointment at public expense. (b) Appointments under AS 18.85.100(a) (Public Defender Agency) o o o (2) Determination of Indigency. Determination of indigency or financial inability for appointments under paragraph (b) of this rule must be made in accordance with the provisions of Criminal Rule 39. o o o (f) Responsibilities of Appointed Counsel. (1) An attorney appointed to represent an indigent person must advise the court if the attorney learns of a change in the person's financial status that would make the person financially ineligible for appointed counsel. (2) An attorney appointed to represent an indigent person must move to withdraw if the attorney reasonably believes that the person has made a material misrepresentation of the person's financial status to the court. A material misrepresentation is a...