MS · rules

Miss. R. Crim. P. 7.2

Procedure for Appointment of Counsel for Indigent Defendants; Appearance; Withdrawal

activein force · 2026-09-25 – presentact-effective-date

(a) Procedure for Appointment of Counsel for Indigent Defendants.

(1) Generally. A procedure shall be established in each circuit, county,

municipal, and justice court for the appointment of counsel for each indigent

defendant entitled thereto.

(2) Appointment of Multiple Attorneys. In all death penalty trial proceedings, the

court shall appoint two (2) attorneys pursuant to the standards in Rule 7.4. At

the time of the appointment, and subject to court approval, the appointed

attorney may recommend co-counsel so long as co-counsel is willing to accept

the appointment and meets all of the requirements of Rule 7.4. If the appointed

attorney does not recommend co-counsel upon accepting an appointment, the

court shall select co-counsel. In non-death penalty cases, the appointment of

multiple attorneys is within the discretion of the court.

(b) Entry of Appearance. At or before a first appearance in any court on behalf

of a defendant, an attorney, whether privately retained or court-appointed, shall

file an entry of appearance or, in lieu thereof, the court shall note the attorney’s

appearance on the record.

any stage shall continue to represent that defendant in all further proceedings in

the case, including filing a notice of appeal, unless counsel is allowed to

withdraw for good cause as approved by the court and new counsel is retained

or appointed (unless the right to counsel has been properly waived pursuant to

Rule 7.1(c)).

(d) Withdrawal. When an attorney makes an appearance for any party in a

case, that attorney will not be allowed to withdraw as attorney for the party

without the permission of the court. The attorney making the request shall give

notice to his/her client and to all attorneys in the cause and certify the same to

the court in writing. The court shall not permit withdrawal without prior notice

to his/her client and all attorneys of record.

History

Comment: Rule 7.2(a) requires that each circuit shall establish governing local procedures for the appointment of counsel for indigent defendants. Local court rules are promulgated pursuant to Rule 1.9. Rule 7.2(c) effectuates a defendant’s right to be represented by counsel in any criminal proceeding and through all stages of the criminal process. See MRCrP 7.1(a) & cmt. Apart from court-approved withdrawal, counsel will continue to represent the defendant through all stages of the case, including filing a notice of appeal. See M.R.A.P. 6(b). In addition to being familiar with the case, continued representation guarantees that a defendant’s right of appeal is not lost in the period between termination of trial counsel’s responsibilities and retention or appointment of appellate counsel. Nothing in Rule 7.2 limits the ability of a court to establish a procedure pursuant to Rule 7.2(a)(1) for appointing an attorney to represent a defendant for a limited purpose or time, after which another attorney is appointed or retained to represent the defendant for subsequent proceedings. In that event, trial counsel should be substituted as soon as practicable and continuous representation must be preserved. Rule 7.2(d) is consistent with former Rule 1.13 of the Uniform Rules of Circuit and County Court Practice. If the court allows counsel to withdraw, the court shall see that new counsel is retained or appointed before granting permission to withdraw, unless the right to counsel has been properly waived pursuant to Rule 7.1(c). In this way, subsection (d) maintains the integrity of the trial date, while also protecting the interests of the defendant and aiding the trial court in providing continuity in legal representation.

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: 8ecefa21c1ce249f0ae0ae7cb70e37f72be80d11c00edb1919544e86e5850391

View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs