US · rules
Fed. R. Crim. P. 44
Right to and Appointment of Counsel
(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the
defendant at every stage of the proceeding from initial appearance
through appeal, unless the defendant waives this right.
(b) Appointment Procedure. Federal law and local court rules
govern the procedure for implementing the right to counsel.
(c) Inquiry Into Joint Representation.
(1) Joint Representation. Joint representation occurs when:
(A) two or more defendants have been charged jointly
under Rule 8(b) or have been joined for trial under Rule 13;
and
(B) the defendants are represented by the same counsel,
or counsel who are associated in law practice.
(2) Court’s Responsibilities in Cases of Joint Representation.
The court must promptly inquire about the propriety of joint
representation and must personally advise each defendant of
the right to the effective assistance of counsel, including separate representation. Unless there is good cause to believe that
no conflict of interest is likely to arise, the court must take
appropriate measures to protect each defendant’s right to
counsel.
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct.
1, 1972; Apr. 30, 1979, eff. Dec. 1, 1980; Mar. 9, 1987, eff. Aug. 1, 1987;
Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.)
61 Rule 45 FEDERAL RULES OF CRIMINAL PROCEDURE
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
e243618f3e5efa00ceff0b161142cc026534fe6d9ddebc694de1e84832ab77eb
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