ORDER AMENDING 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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