2015 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 169-B - DELINQUENT CHILDREN
Section 169-B:12 - Appointment of Counsel; Waiver of Counsel.

    169-B:12 Appointment of Counsel; Waiver of Counsel. –
    I. Absent a valid waiver, the court shall appoint counsel at the time of arraignment of an indigent minor, provided that an indigent minor detained pursuant to RSA 169-B:11, III, shall have counsel appointed upon the issuance of the detention order. For purposes of the appointment of counsel under this section, an indigent minor shall be a minor who satisfies the court, after appropriate inquiry, that the minor is financially unable to independently obtain counsel. If the court has received information indicating that the minor has an intellectual, cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.
    I-a. When an attorney is appointed as counsel for a child, representation shall include counsel and investigative, expert, and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child.
    II. The court may accept a waiver of counsel in a delinquency proceeding only when:
       (a) The minor is represented by a non-hostile parent, guardian, or custodian;
       (b) Both the minor and parent, guardian, or custodian agree to waive counsel;
       (c) In the court's opinion the waiver is made competently, voluntarily, and with full understanding of the consequences;
       (d) The petition does not allege a violation of RSA 631:1, RSA 631:2, RSA 635:1, or any violation of RSA 630, RSA 632-A, RSA 633, or RSA 636; and
       (e) The prosecution has informed the court that it does not intend to seek certification pursuant to RSA 169-B:24, RSA 169-B:25, or any other provision of law permitting adult prosecution of the minor.
    II-a. If the minor and the parent, guardian, or custodian have not consulted with counsel about the possible consequences of the proposed waiver of the right to counsel, the court may only accept a waiver pursuant to paragraph II after making case-specific written findings with regard to each of the required conditions for waiver.
    II-b. The court may appoint counsel for an indigent minor for the purpose of consultation about the decision to request or waive counsel, and shall advise the minor and the parent, guardian, or custodian that they may request such appointment and that the appointment of counsel for such purpose will not be subject to a repayment requirement. Counsel appointed for such purposes shall be compensated by the judicial council pursuant to RSA 604-A, but the cost of such counsel shall not be subject to the repayment provisions of RSA 604-A:9.
    II-c. A verbatim record shall be made of all proceedings conducted pursuant to this section and of all subsequent proceedings in any case in which a court has accepted a waiver of counsel under this section.
    III. Whenever a court appoints counsel pursuant to the provisions of paragraph I, the court shall conduct an appropriate inquiry as to whether any person who pursuant to RSA 546-A:2 is liable for the support of the minor for whom counsel was appointed is financially able to pay for such minor's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided. For the purposes of this paragraph, the inquiry conducted by the court shall include notice and hearing to the person liable for support.
    IV. A juvenile shall not be subject to detention unless:
       (a) The juvenile is represented by counsel at the hearing where detention is ordered; or
       (b) Detention is ordered on an emergency basis and a detention hearing is scheduled within 24 hours of the emergency detention, Saturdays, Sundays, and holidays excepted, at which hearing the juvenile shall be represented by counsel.

Source. 1979, 361:2. 1981, 568:20, IV, V. 1995, 302:11. 1997, 292:1. 2001, 162:2, 3. 2008, 274:3, eff. July 1, 2008. 2014, 215:20, eff. July 1, 2015. 2015, 260:1, eff. July 1, 2015 at 12:01 a.m.