27.08.030 Right to Counsel.
At a defendant’s first appearance before the Court, the Court must advise the defendant of their right to have counsel at their own expense and effort, or the right to apply for appointment of counsel. If the defendant wishes to obtain counsel, or is found to be ineligible for appointed counsel, the Court shall grant a reasonable time prior to arraignment for defendant’s attorney to enter an appearance in the cause.
(1) If the defendant is being charged with a felony crime, with potential sentencing in excess of one year:
(A) The defendant shall have the right be represented by an attorney who is a member of the Cowitz Tribal Bar and who is licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys; and
(B) If the defendant is indigent, the Court shall, at the Tribes’ expense, provide the defendant with an attorney meeting the qualifications in subsection (1)(A) of this section.
(2) At their first appearance, defendant’s counsel shall make an oral notice of appearance on the record and enter a written notice of appearance, and then serve a copy on the prosecutor as soon as possible. Counsel who have entered an appearance or who have been appointed by the Court shall continue such representation until relieved by the Court.
(3) A defendant who voluntarily dismisses an available public defender offered by the Tribe is not eligible for further public defender services. In this situation, the defendant may obtain counsel at their own expense and effort. The defendant may only re-engage the services of the public defender if they send a request in writing to the Court to have the public defender represent them and they cannot afford an attorney of their own choosing.