New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 604-A:3 (2026)
Duration and Substitution of Appointments
✓ current as of May 2026
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604-A:3 Duration and Substitution of Appointments. –
A defendant for whom counsel is appointed shall be represented by counsel from his initial appearance before the court at every stage of the proceedings until the entry of final judgment. If at any time after the appointment of counsel the defendant is financially able to obtain counsel or to make partial payment for representation, the court having jurisdiction of the case may terminate the appointment of counsel or direct the application of the funds available to the defendant to meet the expense of representation, as justice may require. If at any stage of the proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom he had retained, the court may appoint counsel to represent him, as justice may require. The court having jurisdiction of the case may, in the interest of justice, at any stage of the proceedings, substitute one appointed counsel for another.
Source. 1965, 296:1, eff. July 1, 1965.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1969–2022 · leading case: State of New Hampshire v. Heidi Brouillette, 166 N.H. 487 (N.H. 2014).
State of New Hampshire v. Heidi Brouillette, 166 N.H. 487 (N.H. 2014). “See RSA 604-A:3 (2001). Because the defendant’s attorney was retained and not appointed, the court concluded that it had no authority under RSA 604-A:6 to “order the expenditure of funds” for the ancillary defense services she sought.”
State v. Joel Martin, 200 A.3d 365 (N.H. 2018). “See RSA 604-A:3, :4 (2001); Sup. Ct. R. 47. Following an eight-day jury trial, the defendant was convicted of second degree murder, two counts of second degree assault and being a felon in possession of a dangerous weapon.”
Opinion of the Justices, 256 A.2d 500 (N.H. 1969). “RSA 604-A:3 (supp) permits the court to assign counsel to a defendant who lacks sufficient funds to employ counsel and to require such defendant to pay such part of the cost as his funds permit.”
State of New Hampshire v. Jesse Warren (N.H. 2022). “2021), and RSA 604-A:3 (2001). The State counters that we should not address these arguments because the defendant failed to adequately preserve them by raising them in the trial court.”
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