Rule 6.905 Assistance of Attorney

(A) Advice of Right. If the juvenile is not represented by an attorney, the magistrate or court shall advise the juvenile at each stage of the criminal proceedings of the right to the assistance of an attorney. If the juvenile has waived the right to an attorney, the court at later proceedings must reaffirm that the juvenile continues to not want an attorney.

(B) Court-Appointed Attorney. Unless the juvenile has a retained attorney, or has waived the right to an attorney, the magistrate or the court must appoint an attorney to represent the juvenile.

(C) Waiver of Attorney. The magistrate or court may permit a juvenile to waive representation by an attorney if:

(1) an attorney is appointed to give the juvenile advice on the question of waiver;

(2) the magistrate or the court finds that the juvenile is literate and is competent to conduct a defense;

(3) the magistrate or the court advises the juvenile of the dangers and of the disadvantages of self-representation;

(4) the magistrate or the court finds on the record that the waiver is voluntarily and understandingly made; and

(5) the court appoints standby counsel to assist the juvenile at trial and at the juvenile sentencing hearing.

(D) Cost. The court may assess cost of legal representation, or part thereof, against the juvenile or against a person responsible for the support of the juvenile, or both. The order assessing cost shall not be binding on a person responsible for the support of the juvenile unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first class mail to the person's last known address.