Section 987 Of Chapter 1. Of The Arraignment Of The Defendant From California Penal Code >> Title 6. >> Part 2. >> Chapter 1.
987
. (a) In a noncapital case, if the defendant appears for
arraignment without counsel, he or she shall be informed by the court
that it is his or her right to have counsel before being arraigned,
and shall be asked if he or she desires the assistance of counsel. If
he or she desires and is unable to employ counsel the court shall
assign counsel to defend him or her.
(b) In a capital case, if the defendant appears for arraignment
without counsel, the court shall inform him or her that he or she
shall be represented by counsel at all stages of the preliminary and
trial proceedings and that the representation is at his or her
expense if he or she is able to employ counsel or at public expense
if he or she is unable to employ counsel, inquire of him or her
whether he or she is able to employ counsel and, if so, whether he or
she desires to employ counsel of his or her choice or to have
counsel assigned, and allow him or her a reasonable time to send for
his or her chosen or assigned counsel. If the defendant is unable to
employ counsel, the court shall assign counsel to defend him or her.
If the defendant is able to employ counsel and either refuses to
employ counsel or appears without counsel after having had a
reasonable time to employ counsel, the court shall assign counsel.
The court shall at the first opportunity inform the defendant's
trial counsel, whether retained by the defendant or court-appointed,
of the additional duties imposed upon trial counsel in any capital
case as set forth in paragraph (1) of subdivision (b) of Section
1240.1.
(c) In order to assist the court in determining whether a
defendant is able to employ counsel in any case, the court may
require a defendant to file a financial statement or other financial
information under penalty of perjury with the court or, in its
discretion, order a defendant to appear before a county officer
designated by the court to make an inquiry into the ability of the
defendant to employ his or her own counsel. If a county officer is
designated, the county officer shall provide to the court a written
recommendation and the reason or reasons in support of the
recommendation. The determination by the court shall be made on the
record. Except as provided in Section 1214, the financial statement
or other financial information obtained from the defendant shall be
confidential and privileged and shall not be admissible in evidence
in any criminal proceeding except the prosecution of an alleged
offense of perjury based upon false material contained in the
financial statement. The financial statement shall be made available
to the prosecution only for purposes of investigation of an alleged
offense of perjury based upon false material contained in the
financial statement at the conclusion of the proceedings for which
the financial statement was required to be submitted. The financial
statement and other financial information obtained from the defendant
shall not be confidential and privileged in a proceeding under
Section 987.8.
(d) In a capital case, the court may appoint an additional
attorney as a cocounsel upon a written request of the first attorney
appointed. The request shall be supported by an affidavit of the
first attorney setting forth in detail the reasons why a second
attorney should be appointed. Any affidavit filed with the court
shall be confidential and privileged. The court shall appoint a
second attorney when it is convinced by the reasons stated in the
affidavit that the appointment is necessary to provide the defendant
with effective representation. If the request is denied, the court
shall state on the record its reasons for denial of the request.
(e) This section shall become operative on January 1, 2000.