2006 New Hampshire Statutes - Section 604-A:2 Appointment of Counsel.

    I. In every criminal case in which the defendant is charged with a felony or a class A misdemeanor and appears without counsel, the court before which he appears shall advise the defendant that he has a right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, if the defendant indicates to the court that he is financially unable to obtain counsel, the court shall instruct the defendant to complete a financial affidavit in such form as designated by the unit of cost containment. If after review of the financial affidavit and application of the rules established pursuant to RSA 604-A:10, IV the commissioner of administrative services, is satisfied that the defendant is financially unable to obtain counsel, the court shall appoint counsel to represent him; provided, however, that in any case in which the defendant is charged with a capital offense, the court may appoint 2 counsel to represent him. Whenever defendants have such conflicting interests that they cannot be properly represented by the same counsel, or when other good cause is shown, the court shall appoint separate counsel for each of them.
    II. Whenever the court makes an appointment under paragraph I, the appointment shall be made as follows: first, appointment of the public defender program under RSA 604-B if that office is available; second, in the event the public defender program is not available, appointment of a contract attorney under RSA 604-A:2-b if such an attorney is available; and third, in the event that neither the public defender program nor a contract attorney is available, the appointment of any qualified attorney under paragraph I.
    III. In the event that the defendant disagrees with the commissioner's decision on eligibility, the defendant shall have the right to appeal to the court having jurisdiction over the case within 7 days of notification of the commissioner's findings. An appeals hearing shall be held before the court in which the defendant will be tried and the burden of persuasion shall be upon the defendant to demonstrate why the determination procedures specified in the rules pursuant to RSA 604-A:10, IV, should not be controlling in the case. In any such hearing the court shall receive such evidence and argument as justice may require and shall enter an order setting forth its decision within 7 days of the filing of the appeal. In the event the court alters the commissioner's eligibility decision on appeal, its order shall contain specific findings outlining why the commissioner's decision was not sustained.

Source. 1965, 296:1. 1973, 370:23. 1981, 568:20, II. 1985, 342:1. 1989, 345:3, 4. 1993, 190:19, eff. Jan. 1, 1994.