MS · rules

Miss. R. Crim. P. 7.3

Determination of Indigency; Appointment of Counsel; Compensation

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

(a) Standard for Indigency. The term “indigent” as used in these Rules means

a person who is financially unable to employ counsel.

(b) Affidavit or Sworn Testimony of Substantial Hardship. A defendant

desiring to proceed as an indigent may complete an affidavit concerning the

defendant’s financial resources on a court-approved form. In lieu of an

affidavit, or together with an affidavit, the defendant may be examined under

oath regarding defendant’s financial resources by the judge responsible for

determining indigency. Before said questioning, the defendant shall be advised

of the penalties for perjury as provided by law.

if there has been a material change in circumstances, the defendant, the

appointed attorney, or the prosecutor may move for reconsideration.

(d) Order of Appointment. Whenever counsel is appointed, the court shall

enter an order to that effect, a copy of which shall be provided to the defendant,

the appointed attorney, and the prosecutor.

(e) Appointment of Public Defender. In counties or municipalities which have

a public defender, the public defender shall represent all defendants entitled to

appointed counsel whenever authorized by law and able to do so.

(f) Other Appointments. If the public defender is not appointed, a private

attorney shall be appointed to the case. All criminal appointments shall be made

in a manner fair and equitable to the members of the bar, taking into account the

skill likely to be required in handling a particular case.

(g) Appointment of Counsel During Appeal Following Withdrawal. When

prior counsel is permitted to withdraw, the trial or appellate court shall appoint

new counsel for a defendant legally entitled to such representation on appeal.

(h) Compensation. A private attorney appointed to represent an indigent

defendant is entitled to compensation for services rendered as provided by law.

Other than compensation for services rendered as provided by law, no appointed

counsel may request or accept any payment or promise of payment for assisting

in the representation of a defendant.

(i) Expenses. Appointed counsel shall be entitled to reasonable and necessary

expenses incurred in defense of an indigent client, including fees and expenses

of expert or professional persons, provided that such expenses are approved in

the sound discretion of the court. Extraordinary expenses, including expert

expenses, shall be approved in advance by the court.

History

Comment: Rule 7.3 establishes a procedure for the determination of indigency. In making a determination of indigency, the court should consider factors such as the defendant’s income and sources of income; employment status; real or personal property owned; outstanding obligations; and the number and age(s) of any dependant(s). See Miss. Code Ann. § 25-32-9(1). The court shall not consider the fact that the defendant has been released on bond, or the financial ability of friends or relatives not legally responsible for the defendant. Rule 7.3(e) establishes the rule for appointment of public defenders rather than private counsel in counties or municipalities that have a public defender’s office. See Miss. Code Ann. § 25-32-9(1). When the public defender’s office cannot represent an indigent defendant (e.g., when there is a conflict of interest or the public defender is unable to provide prompt and adequate representation), private counsel shall be appointed. See Miss. Code Ann. § 25-32-13. Rule 7.3(g) provides for continuity of representation by requiring the trial or appellate court to appoint new counsel for a defendant legally entitled to such representation on appeal, when prior counsel is permitted to withdraw. See M.R.A.P. 6(b); Jones v. State, 355 So. 2d 89, 91 (Miss. 1978) (“An accused is not only entitled to counsel at trial, but he is entitled to counsel on appeal from a conviction on the merits. If he is indigent and unable to afford an attorney, then he is entitled to a court-appointed attorney at trial and on appeal.”). Rule 7.3(h) is consistent with existing law regarding the compensation of appointed counsel. See Miss. Code Ann. § 99-15-17. Rule 7.3(i) addresses the reimbursement of reasonable and necessary expenses to appointed counsel. See Miss. Code Ann. §§ 99-15-17, 99-15-21; Howell v. State, 989 So. 2d 372, 390 (Miss. 2008) (quoting Ruffin v. State, 447 So. 2d 113, 118 (Miss. 1984)) (“[a]n indigent’s. . . right to defense expenses. . . is conditioned upon a showing that such expenses are needed to prepare and present an adequate defense”); Hansen v. State, 592 So. 2d 114, 125 (Miss. 1991) (State must pay for “non-legal personnel needed by the defense” on showing of “substantial need”); Wilson v. State, 574 So. 2d 1338, 1341 (Miss. 1990).

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: fd95a1e7707f9e7c74ba7f9986749443bd1a677626a73362058c2c3094a969ca

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