Rule · Federal Rules of Criminal Procedure
Fed. R. Crim. P. 44 — Right to and Appointment of Counsel
Fed. R. Crim. P. 44
- Type
- Rule
- Source
- Federal Rules of Criminal Procedure
- Jurisdiction
- Federal
- Date
- 2026-10-22
- Current through
- Nov 10, 2026 (Office of the Law Revision Counsel)
(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right. (b) Appointment Procedure. Federal law and local court rules govern the procedure for implementing the right to counsel. (c) Inquiry Into Joint Representation.
Citator
Fed. R. Crim. P. 44 — Right to and Appointment of Counsel is in force in the current edition of the Code, and nothing recorded condemns it.
(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right. (b) Appointment Procedure. Federal law and local court rules govern the procedure for implementing the right to counsel. (c) Inquiry Into Joint Representation. (1) Joint Representation. Joint representation occurs when: (A) two or more defendants have been charged jointly under Rule 8(b) or have been joined for trial under Rule 13; and (B) the defendants are represented by the same counsel, or counsel who are associated in law practice. (2) Court’s Responsibilities in Cases of Joint Representation. The court must promptly inquire about the propriety of joint representation and must personally advise each defendant of the right to the effective assistance of counsel, including separate representation. Unless there is good cause to believe that no conflict of interest is likely to arise, the court must take appropriate measures to protect each defendant’s right to counsel.