R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 10-9.1-5 (2026)

Representation for indigent applicants

✓ current as of July 2026
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An applicant who is indigent shall be entitled to be represented by the public defender. If the public defender is excused from representing the applicant because of a conflict of interest or is otherwise unable to provide representation, the court shall assign counsel to represent the applicant. An indigent applicant is entitled, to the extent deemed appropriate by the court, to be provided with stenographic, printing, and other costs necessary to proceed under this chapter.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1993–2025 · leading case: Pedro Reyes v. State of Rhode Island, 141 A.3d 644 (R.I. 2016).
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Pedro Reyes v. State of Rhode Island, 141 A.3d 644 (R.I. 2016). · cites it 42× “In accordance with § 10-9.1-5, the hearing justice first referred the matter to the Office of the Public Defender.”
Kyle Campbell v. State of Rhode Island, 56 A.3d 448 (R.I. 2012). · cites it 27× “Because G.L.1956 § 10-9.1-5 1 mandates that an indigent applicant for posteonviction relief be represented by the Public Defender or appointed counsel, and Campbell was not provided with the appointed counsel to which he was entitled, we vacate the judgment and remand this case…”
Shatney v. State, 755 A.2d 130 (R.I. 2000). · cites it 12× “ed the case to the show-cause calendar, and directed the parties to address the following issues: (1) *132 whether Shatney’s Superior Court application for post-conviction relief was frivolous, and (2) whether, after the Superior Court learned of appointed counsel’s…”
Brown v. State, 32 A.3d 901 (R.I. 2011). · cites it 3× “15 We lay emphasis on the civil nature of postconviction-relief proceedings and note that, while § 10-9.1-5 provides for the representation of indigent individuals in such proceedings, the protections afforded under the Sixth Amendment apply to criminal prosecutions.”
State v. Chase, 9 A.3d 1248 (R.I. 2010). · cites it 2× “An indigent applicant for postconviction relief is entitled to be represented by either the public defender or court-appointed counsel pursuant to G.L. 1956 § 10-9.1-5. 7 . Rule 35 of the Superior Court Rules of Criminal Procedure states: "(a) Correction or reduction of sentence.”
Ricardo Ramirez v. State of Rhode Island, 89 A.3d 836 (R.I. 2014). · cites it 5× “This mandate derives from Rhode Island’s Post Conviction Remedy Act, specifically § 10-9.1-5, which states in part that “[a]n applicant who is indigent shall be entitled to be represented by the public defender.”
O'NEIL v. State, 814 A.2d 366 (R.I. 2002). · cites it 3× “Although it believes that the motion justice was probably justified in finding that O’Neil’s assertions about perjured testimony were meritless, the state does not oppose the remand of this case to allow him to request post-conviction relief. An indigent applicant for…”
Tempest v. State, 141 A.3d 677 (R.I. 2016). “In accordance with § 10-9.1-5, an indigent applicant for postconviction relief is entitled to be represented by the Public Defender, or appointed counsel when there is a conflict, in connection with a PCR application.”
Leonard Jefferson v. State of Rhode Island, 184 A.3d 1094 (R.I. 2018). · cites it 4× “See G.L. 1956 § 10-9.1-5. The first order of business was to comply with Shatney’s distasteful gatekeeping function as a condition precedent to litigating one’s claim.”
Louro v. State, 740 A.2d 343 (R.I. 1999). · cites it 4× “See § 10-9.1-5 (“[a]n applicant [for post-conviction relief] who is indigent shall be entitled to be represented by the public de *344 fender”).”
Keenan v. Vose, 634 A.2d 866 (R.I. 1993). · cites it 3× “Section 10-9.1-5 provides that an applicant who is indigent is entitled to be represented by the Public Defender, and if the Public Defender is unavailable by reason of conflict or otherwise is unable to provide representation, the court will assign counsel to represent the…”
Bryant v. Wall, 896 A.2d 704 (R.I. 2006). “See § 10-9.1-5. In the context of criminal cases, we have explained that a defendant may waive his right to counsel if the waiv *709 er is “given voluntarily, knowingly, and intelligently.”
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