Current through Register Vol. 54, No. 12, March 23, 2024
(A) Counsel for
defendant shall file a written entry of appearance with the clerk of courts
promptly after being retained, and serve a copy on the attorney for the
Commonwealth.
(1) If a firm name is entered,
the name of an individual lawyer shall be designated as being responsible for
the conduct of the case.
(2) The
entry of appearance shall include the attorney's address, phone number, and
attorney ID number.
(B)
When counsel is appointed, the filing of the appointment order shall enter the
appearance of appointed counsel.
(C) Except as provided in paragraph (H), when
an unrepresented defendant satisfies the judge that the defendant is unable to
afford or otherwise procure counsel, the judge shall appoint counsel to
represent the defendant on the defendant's first petition for post-conviction
collateral relief.
(D) On a second
or subsequent petition, when an unrepresented defendant satisfies the judge
that the defendant is unable to afford or otherwise procure counsel, and an
evidentiary hearing is required as provided in Rule 908, the judge shall
appoint counsel to represent the defendant.
(E) The judge shall appoint counsel to
represent a defendant whenever the interests of justice require it.
(F) When counsel is appointed,
(1) The judge shall enter an order indicating
the name, address, and phone number of the appointed counsel, and the order
shall be served on the defendant, the appointed counsel, the previous attorney
of record, if any, and the attorney for the Commonwealth pursuant to Rule 114
(Orders and Court Notices: Filing; Service; and Docket Entries); and
(2) The appointment of counsel shall be
effective throughout the post-conviction collateral proceedings, including any
appeal from disposition of the petition for post-conviction collateral
relief.
(G) When a
defendant satisfies the judge that the defendant is unable to pay the costs of
the post-conviction collateral proceedings, the judge shall order that the
defendant be permitted to proceed in forma pauperis.
(H) Appointment of Counsel in Death Penalty
Cases.
(1) At the conclusion of direct review
in a death penalty case, which includes discretionary review in the Supreme
Court of the United States, or at the expiration of time for seeking the
review, upon remand of the record, the trial judge shall appoint new counsel
for the purpose of post-conviction collateral review, unless:
(a) The defendant has elected to proceed pro
se or waive post-conviction collateral proceedings, and the judge finds, after
a colloquy on the record, that the defendant is competent and the defendant's
election is knowing, intelligent, and voluntary;
(b) The defendant requests continued
representation by original trial counsel or direct appeal counsel, and the
judge finds, after a colloquy on the record, that the petitioner's election
constitutes a knowing, intelligent, and voluntary waiver of a claim that
counsel was ineffective; or
(c) The
judge finds, after a colloquy on the record, that the defendant has engaged
counsel who has entered, or will promptly enter, an appearance for the
collateral review proceedings.
(2) When counsel is appointed,
(a) The judge shall enter an order indicating
the name, address, and phone number of the appointed counsel, and the order
shall be served on the defendant, the appointed counsel, the previous attorney
of record, if any, and the attorney for the Commonwealth pursuant to Rule 114
(Orders and Court Notices: Filing; Service; and Docket Entries); and
(b) The appointment of counsel shall be
effective throughout the post-conviction collateral proceedings, including any
appeal from disposition of the petition for post-conviction collateral
relief.
(3) When the
defendant satisfies the judge that the defendant is unable to pay the costs of
the post-conviction collateral proceedings, the judge shall order that the
defendant be permitted to proceed in forma pauperis.
