Alle. Cnty. Pa. 122.1

Current through July 3, 2024
Rule 122.1 - Court Appointed Counsel; General Guidelines
(a) The Office of the Public Defender of Allegheny County may petition the Court for the appointment of counsel at any time.
(b) If, in any court case, prior to arraignment and the assignment of a judge, the Office of the Public Defender of Allegheny County asserts a conflict in representation, the Office of the Public Defender shall refer a request to the Office of Conflict Counsel, which shall accept the case or appoint counsel under the authority of the Administrative Judge.
(c) After a judge has been assigned to a case, the Public Defender shall file a petition to withdraw. The court shall make a determination on the record as to whether a valid conflict exists precluding the Public Defender's representation. If the judge grants the petition, the Office of Conflict Counsel shall accept the case or appoint counsel.
(d) In homicide cases and cases deemed by the Administrative Judge to be of a complex nature, the provisions of (b) and (c) shall not apply and, in those cases, the appointment of counsel shall be at the discretion of the Administrative Judge or a designee.
(e) The Administrative Judge of the Criminal Division shall maintain a list of eligible attorneys available for appointments. Attorneys interested in appointments shall submit a request for consideration to the Office of Conflict Counsel.
(f) Upon appointment by the Office of Conflict Counsel, private counsel will receive an appointment order with information concerning the date and time of the next court appearance. Counsel must be available on the next court appearance date.
(g) Attorneys requesting and accepting court appointments should be familiar with the procedures for consideration as court appointed counsel, the Court Appointed Counsel Fee Schedule, Billing Guidelines and Billing Procedures set forth by the Administrative Judge of the Criminal Division which are available in the Clerk of Courts Office and published on the website of the Fifth Judicial District of Pennsylvania at www.alleghenycourts.us.

Alle. Cnty. Pa. 122.1

Amended effective 4/9/2024.