(a) Appointment of Counsel.(1) Detention Hearing. Any juvenile who is detained for committing a delinquent act shall be represented at the detention hearing by counsel. The court shall appoint the office of the state public defender or, in the case of a conflict, the office of alternate defense counsel. Appointment of the office of the state public defender or alternate defense counsel shall continue and counsel shall be available for the juvenile's first appearance.(2) First Appearance. Unless the juvenile has made an early application for or retained his or her own counsel, or the juvenile has made a knowing, intelligent, and voluntary waiver, at the first appearance the court shall appoint the office of the state public defender or, in the case of a conflict, alternative defense counsel if:A. The juvenile is indigent. Unless a preliminary determination of indigency has been made by the office of the state public defender prior to the first appearance the court shall determine if the juvenile is indigent pursuant to § 21-1-103(3), C.R.S. and applicable Chief Justice Directives; or B. The juvenile's parent, guardian, or other legal custodian, except the State or County Department of Human Services, refuses to retain counsel. The court shall advise any nonindigent parent, guardian, or other legal custodian that they will be ordered to reimburse the cost of the representation as provided by Chief Justice Directive; or C. The court on its own motion determines that counsel is necessary to protect the interests of the juvenile; or D. The juvenile is in custody of the State or County Department of Human Services.(b) Waiver. Before accepting any waiver of counsel by the juvenile the court must place the following findings on the record, based on a dialog conducted with the juvenile: (1) The juvenile is sufficiently mature to make a knowing, intelligent, and voluntary waiver; (2) The juvenile understands the dispositional and/or sentencing options that are available in the event of an adjudication or conviction of an offense which the juvenile is charged; (3) The juvenile has not been coerced by another party, like his or her parent, guardian, or other legal custodian; (4) The juvenile understands that the court will provide counsel if the juvenile's parent, guardian, or other legal custodian is unable or unwilling to retain counsel; and (5) The juvenile understands the possible consequences from an adjudication or conviction from the offense charged.(c) Termination or Withdrawal of Counsel.(1) The appointment of counsel shall continue until: A. The court's jurisdiction is terminated; or B. The court finds that the juvenile or his or her parent, guardian, or other legal custodian have sufficient means to retain counsel; or C. The juvenile's parent, guardian, or other legal custodian no longer refuse to retain counsel; orD. The juvenile makes a knowing, intelligent, and voluntary waiver of counsel.(2) A lawyer may withdraw from a case only upon order of the court. In the discretion of the court, a hearing on a motion to withdraw may be waived with the consent of the prosecution and if a written substitution of counsel is filed which is signed by current counsel, future counsel, and the juvenile. A request to withdraw shall be in writing or may be made orally in the discretion of the court and shall state the grounds for the request. A request to withdraw shall be made as soon as practicable upon the lawyer becoming aware of the grounds for withdrawal. Advance notice of a request to withdraw shall be given to the juvenile before any hearing, if practicable. Such notice to withdraw shall include:A. That the attorney wishes to withdraw; B. The grounds for withdrawal; C. That the juvenile has the right to object to withdrawal; D. That a hearing will be held and withdrawal will only be allowed if the court approves;E. That the juvenile has the obligation to appear at all previously scheduled court dates; and F. That if the request to withdraw is granted, then the juvenile will have the obligation to hire other counsel, request the appointment of counsel by the court, or waive counsel, and elect to represent himself or herself. (3) Upon setting of a hearing on a motion to withdraw, the lawyer shall make reasonable efforts to give the juvenile and his or her parent, guardian, or other legal custodian actual notice of the date, time, and place of the hearing. No hearing shall be conducted without the presence of the juvenile unless the motion is made subsequent to the failure of the juvenile to appear in court, for reason(s) directly attributable to the juvenile, as scheduled. A hearing need not be held and notice need not be given to a juvenile when a motion to withdraw is filed after a juvenile has failed to appear for a scheduled court appearance and has not reappeared within six months.Adopted and effective 10/30/2014.