Adverse Weather Alert for Sept. 17-21

Campus has returned to normal operations as of 8 a.m., Tuesday, Sept. 18. For more information about the University’s policies on adverse weather or to find any updates, visit alertcarolina.unc.edu.

The Leading for Results course for Cohort 1 of LGFCU Fellows has been canceled, with all participants invited to participate in Cohort 2 or a session in 2019.

The Effective Supervisory Management Program course to be held Sept. 17-21 has been canceled.

The Development Finance Toolbox course to be held Sept. 18-19 has been canceled.

The first week of Municipal and County Administration to be held Sept. 18-21 has been postponed.

Please check our website for any other changes in course schedules.

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Indigent Defense Education

Appointment of Counsel for Class 3 Misdemeanors (Waiver of Counsel)

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FAQs

Is a waiver of counsel required in Class 3 misdemeanor cases in which a person is subject to a fine only?
Answer: 

No. A waiver is not required because the person is not entitled to have counsel appointed.

Is a waiver of retained counsel required in such cases?
Answer: 

No. If a defendant does not have a right to appointed counsel, the court need not obtain a waiver of retained counsel.

A person has the right to retain and appear through counsel, however, if he or she wishes to do so. See Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 626 (1989) (observing that a criminal defendant has the “right to spend his own money to obtain the advice and assistance of . . . counsel”) (citation omitted). A court may not unreasonably interfere with that right. For example, if a person wants to retain counsel, a court may not require the person to proceed without giving the person a reasonable opportunity to do so. See generally 3 Wayne R. LaFave et al., Criminal Procedure § 11.4(c) (3d ed. 2007).

Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration