Rule 44 - Right to Appointed Counsel; Joint Representation(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.(b) Inquiry Into Joint Representation.(1) Joint Representation. Joint representation occurs when:(A) two or more defendants have been charged jointly under Rule 8(b) or have been joined for trial under Rule 13, and(B) the defendants are represented by the same counsel, or counsel who are associated in law practice.(2) Court's Responsibilities in Cases of Joint Representation. The court must promptly inquire about the propriety of joint representation and must personally advise each defendant of the right to the effective assistance of counsel, including separate representation. Unless there is good cause to believe that no conflict of interest is likely to arise, the court must take appropriate measures to protect each defendant's right to counsel.COMMENT TO 2016 AMENDMENTS
This rule has been redrafted to conform to the general restyling of the federal rules in 2002. It differs from the federal rule in one respect. Paragraph (b) of the federal rule (Appointment Procedure) is omitted from this rule; in Superior Court, appointment of counsel is governed by Rule 44 -I.