Rule 29.3.The Role of Law Enforcement

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

In one sentenceRule 29.3 directs any law enforcement authority holding a person in custody to promptly advise them of the right to counsel, let them complete the indigency application if they claim they cannot afford a lawyer, and forward that application to the court or its designee for a ruling.

Full Text of Rule 29.3

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Any law enforcement authority having custody of any person shall: (A) Allow a person claiming to be indigent and without counsel to immediately complete an application for an attorney and certificate of financial resources and forward such to the court or its designee, for a determination of indigency or not; (B) Clearly advise detained persons of their right to have counsel and that if they cannot afford a lawyer one will be provided to assist them; (C) Accomplish the above procedures as soon as possible after detention; and, (D) Complete an application for an attorney and certificate of financial resources in substantially the following form:

IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA

STATE OF GEORGIA INDICTMENT NO. v. CHARGE(S): ___________________

APPLICATION FOR APPOINTMENT OF COUNSEL AND CERTIFICATE OF FINANCIAL RESOURCES

I am the defendant in the above-styled action. I am charged with the offense(s) of ________________ which is/are a felony/misdemeanor. I can/cannot afford to hire a lawyer to assist me. I do/do not want the court to provide me with a lawyer. I understand that I am providing this information in this declaration in order for the court to determine my eligibility for a court-appointed lawyer, paid by ________ County, to defend me on the above charges.

In jail ________ Out on bond ________ Arrest Date _______

1. Name ______________ Telephone No. _______________________

Mailing address ____________________________________________

Birth date _______ Age _____ Soc. Sec. No. _________________

Highest grade in school completed ___________________________

2. If employed, employer is _________________________________

Net take home pay is (gross pay minus state, federal and social security taxes): ________ (weekly) ________ (monthly)

3. If unemployed, how long? __________ List other sources of income such as unemployment compensation, welfare or disability income and the amounts received per week or month:________________.

4. Are you married ______ Is spouse employed? _____________________

If yes, by whom _________ Spouse’s net income (week) _______________

5. Number of children living in home: __________ Ages __________

6. Dependents (other than spouse or children) in home, names, relationship, amount contributed to their support ______________________

7. Do you own a motor vehicle? ____ Year and model __________

How much do you owe on it? ______________________________

8. Do you own a home? _______ Value ________How much do you owe on it? __________

9. Amount of house payment or rent payment each month _____________

10. List checking or savings accounts or other deposits with any bank or financial institution and the amount of deposits:

_________________________________________________________________________

11. List other assets or property, including real estate, jewelry, notes, bonds or stocks _________________________________________________________________________

12. List indebtedness and amount of payments _________________________________________________________________________

13. List any extraordinary living expenses and amount (such as regularly occurring medical expenses) __________________________________________________________________

14. Child support payable under any court order _____________________

15. Do you understand that whether you are convicted or acquitted ______ County may seek reimbursement of attorney’s fees paid for you if you become financially able to pay or reimburse the county but refuse to do so? ____________________________

I have read (had read to me) the above questions and answers and they are correct and true.

The undersigned swears that the information given herein is true and correct and understands that a false answer to any item may result in a charge of perjury.

The ______ day of _________, 20__. _________________________ Defendant’s Signature

Sworn to and subscribed before me this ______ day of ____________, 20__. __________________________________ Notary Public My Commission Expires _______

ORDER

Having considered the above matter, it is the finding of this court that the above-named defendant is/is not indigent under criteria of the Georgia Criminal Justice Act and appropriate court rules and is/is not entitled to have appointed counsel.

It is ordered that the clerk, panel administrator, or court administrator assign an attorney practicing in this county to represent the defendant in the above case.

Let the defendant and the assigned attorney be notified hereof and furnished a copy of this application and order.

This ______ day of ___________, 20__. ______________________ Superior Court Judge _________ Judicial Circuit

End

Plain-English Summary

Rule 29.3 puts the first move in the hands of whoever has custody of a person after arrest. Jailers and other law enforcement authorities have to tell detained people, clearly, that they have a right to a lawyer and that one will be provided if they cannot afford it.

If someone says they are indigent and unrepresented, the officer holding them must let that person fill out the application for an attorney and certificate of financial resources right away, and send it on to the court or its designee for a ruling on indigency. The rule does not leave room to delay — these steps are supposed to happen as soon as possible after detention.

The rule also spells out the paperwork itself, attaching a form covering the defendant’s income, assets, dependents, debts, and living expenses, along with a signature block for the court’s eventual finding on indigency and appointment. Putting the request-and-appointment process on one document, filled out at the jail, keeps a defendant’s right to counsel from depending on how quickly a separate court hearing can be scheduled.

Frequently Asked Questions

What must law enforcement tell someone in custody about their right to a lawyer?

Law enforcement must clearly advise detained persons of their right to have counsel and that one will be provided to assist them if they cannot afford a lawyer.

What must an officer do if a detained person claims to be indigent and unrepresented?

The officer must allow the person to immediately complete an application for an attorney and certificate of financial resources and forward it to the court or its designee for a determination of indigency.

How quickly must these steps happen after someone is detained?

The rule requires the procedures to be accomplished as soon as possible after detention.

What form does law enforcement use to collect this information?

Rule 29.3 attaches a specimen application for an attorney and certificate of financial resources, covering the defendant’s charges, income, assets, debts, dependents, and living expenses.

Who ultimately rules on the application law enforcement forwards?

The application goes to the court or its designee, which enters a finding on the order portion of the form as to whether the defendant is indigent and entitled to appointed counsel.

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

Also known as: duty to advise right to counsel GeorgiaUSCR Rule 29.3jail indigency application formlaw enforcement counsel notificationcertificate of financial resources jail intake