§802-2

Notification of right to representation

Procedure & records · Chapter 802 — Counsel and Other Services for Indigent

In every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel, the judge shall advise the person of the person's right to representation by counsel and also that if the person is financially unable to obtain counsel, the court may appoint one at the cost to the State. [L 1971, c 185, pt of §1; HRS §705C-2; ren L 1972, c 9, pt of 1; gen ch 1985]

Source / Amendment history

[L 1971, c 185, pt of §1; HRS §705C-2; ren L 1972, c 9, pt of 1; gen ch 1985]

Cross references, commentary & case notes

Case Notes Failure to advise indigent pro se defendant of right to counsel and to have one appointed at cost to State reversible error. 80 H. 246 (App.), 909 P.2d 574 (1995). No waiver by indigent defendant of right to counsel where trial court failed to conduct the necessary inquiry with defendant to ensure that defendant had knowingly and intelligently waived right to be represented by counsel at trial and to have one appointed if indigent. 80 H. 246 (App.), 909 P.2d 574 (1995).

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