Rule 29.2.Application and Appointment of Counsel

Rule 29. APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS · Not amended since adoption on record · Last verified July 17, 2026

In one sentenceRule 29.2 sets out how a defendant who cannot afford a lawyer asks for one — a sworn written application detailing assets, income, and dependents — and how the court, after finding indigency, authorizes appointment and notifies the accused, the attorney, the sheriff, and the district attorney.

Full Text of Rule 29.2

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When an accused person, contending to be financially unable to employ an attorney to defend against pending criminal charges or to appeal a conviction, desires to have an attorney appointed, the accused shall make a request in writing to the court or its designee for an attorney to be appointed. The request shall be in the form of an application for appointment of counsel and certificate of financial resources, made under oath and signed by the accused which shall contain information as to the accused’s assets, liabilities, employment, earnings, other income, number and ages of dependents, the charges against the accused and such other information as shall be required by the court. The purpose of the application and certification is to provide the court or its designee with sufficient information from which to determine the financial ability of the accused to employ counsel.

The determination of indigency or not shall be made by a judge of a superior court or designee.

Upon a determination of indigency the court shall, in writing, authorize the appointment of counsel for the indigent accused. The original authorization of appointment shall be filed with the indictment or warrant in the case; a copy of the authorization shall be forwarded to the clerk,

court administrator, public defender or such other person designated by the court to assign an attorney to an indigent defendant. Such person shall notify the accused, the appointed attorney, the sheriff and the district attorney of the appointment. [In state court, see State Court Rule 29.2.]

End

Plain-English Summary

Rule 29.2 walks through the mechanics of getting a free lawyer appointed. It starts with the defendant: anyone who says they cannot afford counsel has to put that claim in writing, under oath, on an application and certificate of financial resources. That form asks about assets, debts, employment, income, and dependents — everything the court needs to judge whether the claim is true.

A superior court judge or a designee decides the indigency question. If the answer is yes, the court puts the appointment in writing. That written authorization gets filed with the indictment or warrant, and a copy goes to whoever handles attorney assignments locally — a clerk, court administrator, or public defender.

The rule then closes the loop: whoever makes the assignment has to tell the defendant, the newly appointed attorney, the sheriff, and the district attorney that the appointment happened. That notice requirement keeps everyone touching the case — custody, prosecution, and defense — working from the same information about who represents the defendant.

Frequently Asked Questions

How does a defendant request a court-appointed attorney?

The defendant must make a written request to the court or its designee, in the form of a sworn application for appointment of counsel and certificate of financial resources.

What information must the application include?

It must contain the accused’s assets, liabilities, employment, earnings, other income, the number and ages of dependents, the charges against the accused, and any other information the court requires.

Who decides whether a defendant is indigent?

A judge of the superior court or a designee makes the determination of indigency.

What happens after the court finds a defendant indigent?

The court authorizes the appointment of counsel in writing, files the original authorization with the indictment or warrant, and forwards a copy to the clerk, court administrator, public defender, or other designated person to assign an attorney.

Who gets notified once an attorney is appointed?

The person who assigns the attorney must notify the accused, the appointed attorney, the sheriff, and the district attorney of the appointment.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

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