In such a situation the appointed counsel would remain available for assistance and consultation if requested by the defendant. Minn.R.Crim.P. 5.02, subd. 1 comment; see State v. Lande, 376 N.W.2d 483, 485 (Minn.App. 1985) (counsel must be appointed for indigent defendant who proceeds pro se), pet. for rev. denied (Minn. Jan. 17, 1986).
We disagree. Appellant contends precedent and the purpose of standby counsel indicate standby counsel is available to every pro se individual. In support of his position, appellant cites State v. Lande, 376 N.W.2d 483 (Minn.App. 1985) (Foley, J. dissenting), review denied (Minn. Jan. 17, 1986), and State v. Richards, 552 N.W.2d 197 (Minn.
And in State v. Lande, the decision involved an old version of the rule which did not feature the discretionary language included in the rule today. 376 N.W.2d 483, 485 (Minn. App. 1985). Advisory counsel is "fundamentally different from the role of counsel generally," and is generally limited to assistance.
The thin record lacks any evidence of either the absence of representation or deficient representation, and it may be interpreted to reflect that Wright's attorney momentarily served as standby counsel during the brief exchange after raising the continuance issue on Wright's behalf. See State v. Lande, 376 N.W.2d 483, 485 (Minn. App. 1985) (recognizing that a pro se defendant's right to counsel may be satisfied by appointment of standby counsel), review denied (Minn. Jan. 17, 1986). Because the record is silent about the attorney's rationale for handling the hearing in the fashion he did, we cannot say that his actions amounted to a denial of Wright's right to counsel.
Standby counsel provides to a pro se party the opportunity to have counsel present to give advice regarding procedural or protocol matters. State v. Lande, 376 N.W.2d 483, 485 (Minn.App. 1985), review denied (Minn. Jan. 17, 1986). Appellant should have been advised of the meaning, purpose, and availability of standby counsel before the district court allowed her to waive her right to trial counsel — and standby counsel as well.
A criminal trial is not a private matter; the public interest is so great that the presence and participation of counsel, even when opposed by the accused, is warranted in order to vindicate the process itself. State v. Lande, 376 N.W.2d 483, 485 (Minn.App. 1985) (quoting Mayberry, 400 U.S. at 468, 91 S.Ct. at 506 (Burger, C.J., concurring)), review denied (Minn. Jan. 17, 1986). Other Minnesota cases have recognized the importance of the adversarial process.
State v. Parson, 457 N.W.2d 261, 263 (Minn.App. 1990), pet. for rev. denied (Minn. July 31, 1990). In fact, a trial court must appoint standby counsel for indigent defendants even when they start out wanting to proceed pro se. Minn.R.Crim.P. 5.02, subd. 1; State v. Lande, 376 N.W.2d 483 (Minn.App. 1985), pet. for rev. denied (Minn. Jan. 17, 1986). At any time, a pro se defendant can request standby counsel to render assistance, or take over the entire defense.
The language of this comment has been interpreted as imposing a duty upon trial courts to appoint counsel to indigent defendants "even when the defendant indicates his desire to proceed pro se." State v. Lande, 376 N.W.2d 483, 485 (Minn.App. 1985), pet. for rev. denied (Minn. Jan. 17, 1986).
The record establishes that Rubin validly waived his right to counsel at his 1976 guilty plea hearing and those convictions were properly considered in his criminal history score. Rubin relies on State v. Lande, 376 N.W.2d 483 (Minn. Ct. App. 1985), pet. for rev. denied (Minn. Jan. 17, 1986), to support his contention that a defendant cannot waive counsel prior to being appointed counsel.