Delaware Code

Del. Super. Ct. R. Crim. P. 44 (2026)

Rule 44. Right to and assignment of counsel

✓ current as of May 2026
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Rule 44. Right to and assignment of counsel. (a) Right to assigned counsel. Every defendant who is unable to obtain counsel shall be entitled to have counsel assigned, pursuant to 11 Del. C. § 5103, to represent that defendant at every stage of the proceedings from initial appearance before the committing magistrate or the court through appeal when required by law or deemed appropriate by the court unless, after the court has advised the defendant of the dangers and disadvantages of acting pro se and has found the defendant competent to do so, the defendant waives such appointment. (b) Assignment procedure. The assignment procedures for implementing the right set out in subdivision (a) shall be those provided by 29 Del. C., c. 46, by this rule or by administrative order. Appointment of counsel for state officers and employees pursuant to 11 Del. C. § 5105 is governed by Supreme Court