If the accused appears and is unable to procure the assistance of counsel, the president of the senate, or other person presiding, shall appoint some suitable person to assist the accused in the accused's defense. If the accused is served by publication and fails to appear, the president of the senate, or other person presiding, shall appoint some person as counsel to appear in the accused's behalf and make defense for the accused.
N.D.C.C. § 44-09-10