§802-2 - Notification of right to representation.
§802-2 Notification of right to
representation. In every criminal case or proceeding in which a person
entitled by law to representation by counsel appears without counsel, the judge
shall advise the person of the person's right to representation by counsel and
also that if the person is financially unable to obtain counsel, the court may
appoint one at the cost to the State. [L 1971, c 185, pt of §1; HRS §705C-2;
ren L 1972, c 9, pt of 1; gen ch 1985]
Case Notes
Failure to advise indigent pro se defendant of right to
counsel and to have one appointed at cost to State reversible error. 80 H. 246
(App.), 909 P.2d 574.
No waiver by indigent defendant of right to counsel where
trial court failed to conduct the necessary inquiry with defendant to ensure
that defendant had knowingly and intelligently waived right to be represented
by counsel at trial and to have one appointed if indigent. 80 H. 246 (App.),
909 P.2d 574.