Section 123. Application for the Assignment of Counsel

A defendant who requests assignment of counsel in a court case shall file a signed and verified application for assignment of counsel, which shall set forth the facts showing that the defendant is without financial resources or is otherwise unable to employ counsel.

Comment

While this rule continues to require a written application for the assignment of counsel, the form of the application was deleted in 1985 because it is no longer necessary to control the specific form of written application by rule.

Official Note

Rule 318A adopted June 30, 1964, effective January 1, 1965; renumbered Rule 317 June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; rescinded November 9, 1984, effective January 2, 1985. Present Rule 317 adopted November 9, 1984, effective January 2, 1985; renumbered Rule 123 and title and Comment revised March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).