Current through Register Vol. 54, No. 49, December 7, 2024
Rule 122 - Appointment of Counsel(A) Counsel shall be appointed:(1) in all summary cases, for all defendants who are without financial resources or who are otherwise unable to employ counsel when there is a likelihood that imprisonment will be imposed;(2) in all court cases, prior to the preliminary hearing to all defendants who are without financial resources or who are otherwise unable to employ counsel;(3) in all cases, by the court, on its own motion, when the interests of justice require it.(B) When counsel is appointed, (1) the judge shall enter an order indicating the name, address, and phone number of the appointed counsel, and the order shall be served on the defendant, the appointed counsel, the previous attorney of record, if any, and the attorney for the Commonwealth pursuant to Rule 114 (Orders and Court Notices: Filing; Service; and Docket Entries); and(2) The appointment shall be effective until final judgment, including any proceedings upon direct appeal.(C) A motion for change of counsel by a defendant for whom counsel has been appointed shall not be granted except for substantial reasons.The provisions of this Rule 122 amended March 12, 2004, effective 7/1/2004, 34 Pa.B. 1671; amended March 26, 2004, effective 7/1/2004, 34 Pa.B. 1929; amended June 4, 2004, effective 11/1/2004, 34 Pa.B. 3105; amended April 28, 2005, effective 8/1/2005, 35 Pa.B. 2855; amended February 26, 2010, effective 4/1/2010, 40 Pa.B. 1396.