IN RE: ARKANSAS RULES of

CRIMINAL PROCEDURE 1.5 and 8.2

___ S.W.3d ___

Supreme Court of Arkansas

Delivered May 17, 2001

Per Curiam. In the wake of the passage of Amendment 80 to the State Constitution, our Committee on Criminal Practice reviewed the various rules of court affecting criminal practice to determine which of those rules needed to be amended. This task has been completed. Accordingly, we hereby amend, effective July 1, 2001, Rules 1.5 and 8.2 of the Rules of Criminal Procedure and republish the rules as set out below.

ARKANSAS RULES OF CRIMINAL PROCEDURE

Rule 1.5. Prosecutions in name of state.

All prosecutions for violations of the criminal laws of this state shall be in the name of the State of Arkansas, provided that this rule shall in no way affect the distribution, as provided by law, of moneys collected by district courts.

Rule 8.2. Appointment of Counsel.

(a) An accused's desire for, and ability to retain, counsel should be determined by a judicial officer before the first appearance, whenever practicable.

(b) Whenever an indigent accused is charged with a criminal offense and, upon being brought before any court, does not knowingly and intelligently waive the appointment of counsel to represent him, the court shall appoint counsel to represent him unless he is charged with a misdemeanor and the court has determined that under no circumstances will imprisonment be imposed as a part of the punishment if he is found guilty.

(c) Attorneys appointed by district courts, city courts, andpolice courts may receive fees for services rendered upon certification by the presiding judicial officer if provision therefor has been made by the county or municipality in which the offense is committed or the services are rendered. Attorneys so appointed shall continue to represent the indigent accused until relieved for good cause or until substituted by other counsel.