P.R. Laws Ap. tit. 4A, § II-A, Rule 12.2

2019-02-20 00:00:00+00
Rule 12.2. Assistance of counsel during the appeal

(a) Where an accused is represented during the trial before the Court by an attorney of the Legal Aid Society, or of another institution for similar purposes or by an attorney designated by the court and, if convicted, appeals from the judgment, it shall be the duty of the attorney subscribing the notice of appeal or of the attorney designated therefor by the pertinent institution, to assist appellant in the appellate procedure until the appeal is perfected, unless appellant retains the services of an attorney of his choice and this fact is entered in the record.

If the notice of appeal is subscribed by the accused in his own right and not by the attorney of the Legal Aid Society or of an institution for similar purposes, nor by an attorney designated by the court, it shall be the duty of the clerk of the trial court to inform this fact promptly to the judge, and the latter shall secure the legal representation of appellant during the prosecution of the petition for appeal, either by designating to him one of the aforementioned attorneys, if appellant is insolvent, or including in the record the name of the attorney of appellant’s choice and verifying that such attorney shall assist appellant in the petition for appeal.

(b) If the accused is represented at the trial by an attorney of his choice and, if convicted, appeals from the judgment through his attorney, it shall be the latter’s duty to assist him in the appellate procedure until the appeal is perfected. In the event of withdrawal of representation approved by the court, the judge shall adopt proper measures to assure legal representation to appellant for the purpose of perfecting the appeal, either by designating to him an attorney of the Legal Aid Society, an attorney of an institution for similar purposes or an attorney designated by the court, if appellant is insolvent, or including in the record the name of the attorney of appellant’s choice and verifying that said attorney shall assist appellant in the petition for appeal.

If, after having been represented at the trial by an attorney of his choice, the convicted defendant appeals in his own right, it shall be the duty of the Clerk to promptly inform such fact to the judge, and the latter shall assure the legal representation of appellant during the prosecution of the petition for appeal, either by designating to him an attorney of the Legal Aid Society, an attorney of an institution for similar purposes or an attorney designated by the court, if appellant is insolvent, or including in the record the name of the attorney of appellant’s choice and verifying that such attorney shall assist appellant in the prosecution of the petition for appeal.

History —May 23, 1975, eff. Sept. 1, 1975.