Prepared November 2013

As part of the 2013 Appropriations Act, the General Assembly enacted a new punishment scheme for Class 3 misdemeanors, limiting the punishment to a fine for many defendants. See Section 18B.13 of S.L. 2013‐360 (S 402). The change applies to offenses committed on or after December 1, 2013.

In addition to changing the punishment for Class 3 misdemeanors, the 2013 Appropriations Act reclassified some Class 1 and 2 misdemeanors as Class 3 misdemeanors and some Class 3 misdemeanors as infractions. See Sections 18B.14 and 18B.15 of S.L. 2013‐360 (S 402), as amended by Sections 4–6 of S.L. 2013‐385 (S 182). The punishment for offenses reclassified as Class 3 misdemeanors is likewise limited to a fine for many defendants. (For a complete list of the affected offenses, see Robert L. Farb, 2013 Legislation Affecting Criminal Law and Procedure at p. 25–26.)

The change in punishment for these Class 3 misdemeanors significantly affects the right to appointed counsel because the right to counsel for misdemeanors depends on the allowable punishment. The questions and answers below explore the impact of the change. The discussion addresses the details of the legislation, cases interpreting the right to counsel in misdemeanor cases, and the policy adopted by the Office of Indigent Defense Services (IDS) in response to the legislation. See Appointment and Payment of Counsel in Class 3 Misdemeanor Cases (Office of Indigent Defense Services, Dec. 1, 2013) (hereinafter IDS Policy). Some questions do not have definitive answers. The opinions expressed below are those of the author.

Readers may scroll through the questions, below, or click on the following hyperlinks to go directly to the questions that interest them.

A. Generally
B. Authorized Punishments
C. Determining Prior Convictions
D. Waiver of Counsel
E. Appointment of Counsel in Particular Proceedings
F. Consequences of Fine-Only Sentence