ORDER PROMULGATING AMENDMENTS TO THE RULES OF CRIMINAL PROCEDURE.
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STATE OF MINNESOTA
IN SUPREME COURT
ADM10-8049
ORDER PROMULGATING AMENDMENTS
TO THE RULES OF CRIMINAL PROCEDURE
The Minnesota Supreme Court Advisory Committee on Rules of Criminal Procedure
has recommended amendments to Rule 23.05 of the Minnesota Rules of Criminal Procedure
regarding public defender representation in certain misdemeanor cases. The court provided
a period for public comment, and has now reviewed the proposal and is fully advised in the
premises.
IT IS HEREBY ORDERED THAT:
1.
The attached amendments to the Rules of Criminal Procedure be, and the
same are, prescribed and promulgated to be effective February 1, 2013.
2.
These amendments shall apply to all actions or proceedings pending or
commenced on or after the effective date.
Dated: January 17, 2013
BY THE COURT:
/s/
Lorie S. Gildea
Chief Justice
AMENDMENTS TO THE RULES OF CRIMINAL PROCEDURE
In the following amendments, deletions are indicated by a line drawn through the
words and additions by a line drawn under the words.
1.
Amend Rule 23.05 as follows:
Rule 23.05 Procedure in Petty Misdemeanor Cases
Subd. 1. No Right to Jury Trial.
No right to a jury trial exists in a
misdemeanor charge certified as a petty misdemeanor under Rule 23.04.
Subd. 2. Right to Public Defender Representation Appointed Counsel.
Upon certification of a misdemeanor as a petty misdemeanor, the defendant is not
entitled to representation by the public defender. In cases that require the
defendant’s consent to certification, and the prosecutor moves for certification, the
judge must advise an unrepresented defendant of the right to apply for a public
defender. A defendant charged with a misdemeanor offense certified as a petty
misdemeanor cannot qualify for court appointed counsel unless the offense
involves moral turpitude. In these cases the defendant must qualify financially
prior to appointment.
Subd. 3. General Procedure. A defendant charged with a petty misdemeanor
violation is presumed innocent until proven guilty beyond a reasonable doubt.
Except as otherwise provided in Rule 23, the procedure in petty misdemeanor
cases must be the same as for misdemeanors punishable by incarceration.
Subd. 4. Failure to Appear. If a defendant charged with a petty
misdemeanor, or a misdemeanor on the Statewide Payables List that is certified as
a petty misdemeanor, fails to appear or respond as directed on the citation or
complaint, a guilty plea and conviction may be entered, the payable fine amount
no greater than the maximum fine for a petty misdemeanor, and any applicable
fees and surcharges may be imposed, and the matter referred to collections.
Conviction must not be entered until 10 days after the failure to appear.
Subd. 5. Withdrawal of Plea. A defendant convicted under subdivision 4
may move under Rule 15.05 to withdraw the guilty plea and vacate the conviction.
2.
Delete the following form from the Appendix of Forms:
Form 47
Application for Public Defender
2
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