2005 Idaho Code - 19-853 — DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL -- APPOINTMENT OF COUNSEL

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 8
                      EXAMINATION OF CASE AND DISCHARGE
                           OR COMMITMENT OF ACCUSED
    19-853.  DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL --
APPOINTMENT OF COUNSEL. (a) If a person who is being detained by a law
enforcement officer, or who is confined or who is the subject of
hospitalization proceedings pursuant to sections 66-322, 66-326, 66-329 or
66-409, Idaho Code, or who is under formal charge of having committed, or is
being detained under a conviction of, a serious crime, is not represented by
an attorney under conditions in which a person having his own counsel would be
entitled to be so represented, the law enforcement officers concerned, upon
commencement of detention, or the court, upon formal charge or hearing, as the
case may be, shall:
    (1)  clearly inform him of his right to counsel and of the right of a
    needy person to be represented by an attorney at public expense; and
    (2)  if the person detained or charged does not have an attorney, notify
    the public defender or trial court concerned, as the case may be, that he
    is not so represented. As used in this subsection, the term "commencement
    of detention" includes the taking into custody of a probationer.
    (b)  Upon commencement of any later judicial proceeding relating to the
same matter, including, but not limited to, preliminary hearing, arraignment,
trial, any post-conviction proceeding, or post-commitment proceeding, the
presiding officer shall clearly inform the person so detained or charged of
his right to counsel and of the right of a needy person to be represented by
an attorney at public expense. Provided, the appointment of an attorney at
public expense in uniform post-conviction procedure act proceedings shall be
in accordance with section 19-4904, Idaho Code.
    (c)  If a court determines that the person is entitled to be represented
by an attorney at public expense, it shall promptly notify the public defender
or assign an attorney, as the case may be.
    (d)  Upon notification by the court or assignment under this section, the
public defender or assigned attorney, as the case may be, shall represent the
person with respect to whom the notification or assignment is made.