RULE 8.165. PROVIDING COUNSEL TO PARTIES

(a) Duty of the Court. The court shall advise the child of
the child’s right to counsel. The court shall appoint counsel as
provided by law unless waived by the child at each stage of the
proceeding. Waiver of counsel can occur only after the child has
had a meaningful opportunity to confer with counsel regarding the
child’s right to counsel, the consequences of waiving counsel, and
any other factors that would assist the child in making the decision
to waive counsel. This waiver shall be in writing.

(b) Waiver of Counsel.

(1) The failure of a child to request appointment of
counsel at a particular stage in the proceedings or the child’s
announced intention to plead guilty shall not, in itself, constitute a
waiver of counsel at any subsequent stage of the proceedings.

(2) A child shall not be deemed to have waived the
assistance of counsel until the entire process of offering counsel has
been completed and a thorough inquiry into the child’s
comprehension of that offer and the capacity to make that choice
intelligently and understandingly has been made.

(3) If the child is entering a plea to or being tried on an
allegation of committing a delinquent act, the written waiver shall
also be submitted to the court in the presence of a parent, legal
custodian, responsible adult relative, or attorney assigned by the
court to assist the child. The assigned attorney shall verify on the
written waiver and on the record that the child’s decision to waive
counsel has been discussed with the child and appears to be
knowing and voluntary.
(4) No waiver shall be accepted if it appears that the
party is unable to make an intelligent and understanding choice
because of mental condition, age, education, experience, the nature
or complexity of the case, or other factors.

(5) If a waiver is accepted at any stage of the
proceedings, the offer of assistance of counsel shall be renewed by
the court at each subsequent stage of the proceedings at which the
party appears without counsel.