Rule 253 - Guidelines and Procedures in Criminal Proceedings in the District Court Where the Defendant Elects Self Representation1. Where a defendant appearing in district court chooses self representation, the court should make a specific, penetrating and comprehensive inquiry of the defendant to determine whether the defendant understands the consequences of his or her decision to proceed without counsel. The district court's observation of the defendant should reveal that the defendant appears to understand the nature of the proceedings, and is voluntarily exercising his or her informed free will. The district court's inquiry should reveal whether the defendant should consult with appointed counsel to discuss the consequences of self representation before deciding to proceed in proper person. 2. The court should inform the defendant of some of the dangers, disadvantages and consequences of self representation: (a) Self representation is often unwise and a defendant may conduct a defense to his or her own detriment; (b) A proper person defendant is responsible for knowing and complying with the same procedural rules as lawyers, and cannot expect help from the judge in complying with these procedural rules; (c) A defendant proceeding in proper person will not be allowed to complain on appeal about the competency or effectiveness of his or her representation; (d) The state will be represented by experienced professional counsel who will have the advantage of skill, training and ability; (e) The proper person defendant is not entitled to special library privileges; (f) A defendant unfamiliar with legal procedures may allow the prosecutor an advantage, may not make effective use of legal rights, and may make tactical decisions that produce unintended consequences; and (g) The effectiveness of the defense may well be diminished by defendant's dual role as attorney and accused. 3. The court's canvass of the defendant may include questions in the following areas: (a) The defendant's age, education, literacy, background, and prior experience or familiarity with legal proceedings; (b) Defendant's health and whether the defendant is taking any medication or is under the influence of any alcohol or other drugs; (c) Defendant's mental health history; (d) Whether defendant has been threatened or coerced in any way to waive the right to an attorney; (e) Defendant's understanding of the right to representation at no cost if the defendant is unable to pay; (f) Defendant's understanding of the elements of each crime and lesser included or related offenses; (g) Defendant's understanding of the possible penalties or punishments, and the total possible sentence the defendant could receive; (h) Defendant's understanding of the pleas and defenses which may be available; (i) Defendant's understanding that the court may appoint standby counsel who, in the event that the court terminates the defendant's self representation, would become appointed counsel and represent the defendant in the remaining proceedings; (j) Defendant's understanding that if standby counsel is appointed, standby counsel is not required to advise or provide a proper person defendant with legal advice; and (k) Defendant's understanding that he or she has 30 days within which to file an appeal from the entry of a judgment of conviction. 4. The court shall make findings on the record concerning whether: (a) The defendant is competent to waive his or her constitutional right to be represented by an attorney; and (b) The defendant is waiving the right to counsel freely, voluntarily and knowingly, and has a full appreciation and understanding of the waiver and its consequences. 5. If the district court appoints counsel to represent a defendant who insists on exercising his or her right to self representation, then the district court should state the basis for denying defendant's request for self representation. Added; effective 4/1/1997.