RSA 169-B:12 Appointment of Counsel; Waiver of Counsel

• Library: New Hampshire Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: RSA 169-B:12

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 has received information indicating that the minor has [a] an intellectual, 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;

(b) Both the minor and parent, guardian, or custodian agree to waive counsel;

(c) In the court's opinion the waiver is made competently, voluntarily, and with full understanding of the consequences;

(d) The petition does not allege a violation of RSA 631:1, RSA 631:2, RSA 635:1, or any violation of RSA 630, RSA 632-A, RSA 633, or RSA 636; and

(e) The prosecution has informed the court that it does not intend to seek certification pursuant to RSA 169-B:24, RSA 169-B:25, or any other provision of law permitting adult prosecution of the minor.

II-a. If the minor and the parent, guardian, or custodian have not consulted with counsel about the possible consequences of the proposed waiver of the right to counsel, the court may only accept a waiver pursuant to paragraph II after making case-specific written findings with regard to each of the required conditions for waiver.

II-b.The court may appoint counsel for an indigent minor for the purpose of consultation about the decision to request or waive counsel, and shall advise the minor and the parent, guardian, or custodian that they may request such appointment and that the appointment of counsel for such purpose will not be subject to a repayment requirement. Counsel appointed for such purposes shall be compensated by the judicial council pursuant to RSA 604-A, but the cost of such counsel shall not be subject to the repayment provisions of RSA 604-A:9.