Current through Register Vol. 54, No. 45, November 9, 2024
Rule 904 - Entry of Appearances and Appointment of Counsel; In Forma Pauperis(A) Counsel for defendant shall file a written entry of appearance with the clerk of courts promptly after being retained, and serve a copy on the attorney for the Commonwealth. (1) If a firm name is entered, the name of an individual lawyer shall be designated as being responsible for the conduct of the case.(2) The entry of appearance shall include the attorney's address, phone number, and attorney ID number.(B) When counsel is appointed, the filing of the appointment order shall enter the appearance of appointed counsel.(C) Except as provided in paragraph (H), when an unrepresented defendant satisfies the judge that the defendant is unable to afford or otherwise procure counsel, the judge shall appoint counsel to represent the defendant on the defendant's first petition for post-conviction collateral relief.(D) On a second or subsequent petition, when an unrepresented defendant satisfies the judge that the defendant is unable to afford or otherwise procure counsel, and an evidentiary hearing is required as provided in Rule 908, the judge shall appoint counsel to represent the defendant.(E) The judge shall appoint counsel to represent a defendant whenever the interests of justice require it.(F) 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 of counsel shall be effective throughout the post-conviction collateral proceedings, including any appeal from disposition of the petition for post-conviction collateral relief.(G) When a defendant satisfies the judge that the defendant is unable to pay the costs of the post-conviction collateral proceedings, the judge shall order that the defendant be permitted to proceed in forma pauperis.(H) Appointment of Counsel in Death Penalty Cases.(1) At the conclusion of direct review in a death penalty case, which includes discretionary review in the Supreme Court of the United States, or at the expiration of time for seeking the review, upon remand of the record, the trial judge shall appoint new counsel for the purpose of post-conviction collateral review, unless: (a) The defendant has elected to proceed pro se or waive post-conviction collateral proceedings, and the judge finds, after a colloquy on the record, that the defendant is competent and the defendant's election is knowing, intelligent, and voluntary;(b) The defendant requests continued representation by original trial counsel or direct appeal counsel, and the judge finds, after a colloquy on the record, that the petitioner's election constitutes a knowing, intelligent, and voluntary waiver of a claim that counsel was ineffective; or(c) The judge finds, after a colloquy on the record, that the defendant has engaged counsel who has entered, or will promptly enter, an appearance for the collateral review proceedings.(2) When counsel is appointed, (a) 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(b) The appointment of counsel shall be effective throughout the post-conviction collateral proceedings, including any appeal from disposition of the petition for post-conviction collateral relief.(3) When the defendant satisfies the judge that the defendant is unable to pay the costs of the post-conviction collateral proceedings, the judge shall order that the defendant be permitted to proceed in forma pauperis.The provisions of this Rule 904 amended February 26, 2002, effective 7/1/2002, 32 Pa.B. 1391; amended March 12, 2004, effective 7/1/2004, 34 Pa.B. 1671; 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 March 29, 2011, effective 5/1/2011, 41 Pa.B. 1999.