Mo. R. Ord. Viol. & Viol. Burea. 37.50

As amended through November 19, 2024
Rule 37.50 - Right to Counsel - Appointment of Counsel

In a prosecution for an ordinance violation, the defendant shall have the right to appear and defend in person and by counsel.

If any person charged with an ordinance violation, whose conviction would possibly result in confinement, shall be without counsel upon a first appearance before a judge, it shall be the duty of the judge to advise the defendant of the right to counsel and of the willingness of the judge to appoint counsel to represent the defendant if the defendant is unable to employ counsel. Upon a showing of indigency, it shall be the duty of the judge to appoint counsel to represent the defendant.

If, after being informed of the right to counsel, the defendant requests to proceed without the benefit of counsel and the judge finds that the defendant has knowingly, voluntarily and intelligently waived the defendants right to have counsel, the judge shall have no duty to appoint counsel. If at any stage of the proceedings it appears to the judge before whom the matter is then pending that because of the gravity of the ordinance violation charged and other circumstances affecting the defendant the failure to appoint counsel may result in injustice to the defendant, the judge shall then appoint counsel. Appointed counsel shall be allowed a reasonable time in which to prepare the defense.

Mo. R. Ord. Viol. & Viol. Burea. 37.50

Adopted May 14, 1985, eff. 1/1/1986. Amended December 23, 2003, eff. 7/1/2004.