Opinion
Delivered November 14, 1994
On January 1, 1991, this court reinstated Criminal Procedure Rule 37 which had been abolished July 1, 1989. At that time, the rule was revised in several respects. We now find it appropriate to amend the rule to reflect recent decisions of this court respecting the content of a petition under the rule and the discretion of the circuit court to appoint counsel in certain instances.
Rule 37.1 (e) of the Arkansas Rules of Criminal Procedure is amended, effective November 14, 1994, to read:
(e) The petition will state in concise, nonrepetitive, factually specific language, the grounds upon which it is based and shall not exceed ten pages in length. The petition, whether handwritten or typewritten, will be clearly legible, will not exceed thirty lines per page and fifteen words per line, with lefthand and righthand margins of at least one and one-half inches and upper and lower margins of at least two inches. Petitions which are not in compliance with this rule will not be filed without leave of the court.
Rule 37.3 (b) of the Arkansas Rules of Criminal Procedure is amended, effective November 14, 1994, to read:
(b) If the original petition, or a motion for appointment of counsel should allege that the petitioner is unable to pay the cost of the proceedings and to employ counsel, and if the court is satisfied that the allegation is true, the court may at its discretion appoint counsel for the petitioner for any hearing held in the circuit court. If a petition on which the petitioner was represented by counsel is denied, counsel shall continue to represent the petitioner for an appeal to the Supreme Court, unless relieved as counsel by the circuit court or the Supreme Court. If no hearing was held or the petitioner proceeded pro se at the hearing, the circuit court may at its discretion appoint counsel for an appeal upon proper motion by the petitioner.