In petitions arising from criminal matters, extradition proceedings or delinquency matters, if the petitioner has requested counsel, the judicial authority shall refer the matter to the public defender for an investigation of indigence. If, after such investigation, the judicial authority determines that the petitioner is eligible for public defender services, the judicial authority shall appoint counsel in accordance with the provisions of General Statutes § 51-296.
Section 23-26.—Appointment of Counsel
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceWhen a petitioner in a habeas case tied to a criminal matter, extradition, or delinquency case asks for a lawyer, the court sends the request to the public defender to check whether the petitioner qualifies for free representation and, if so, appoints counsel.
Full Text of Section 23-26
Amendment History
(P.B. 1978-1997, Sec. 529E.)
Plain-English Summary
This rule covers who gets a court-appointed lawyer in certain habeas corpus cases. It applies only to petitions arising from criminal matters, extradition proceedings, or delinquency matters — not every kind of habeas petition. If the petitioner asks for counsel, the judicial authority does not decide eligibility itself. It refers the request to the public defender's office, which investigates whether the petitioner is indigent.
If that investigation shows the petitioner qualifies for public defender services, the court appoints counsel under General Statutes § 51-296, the statute governing appointment of counsel for indigent people in criminal and related proceedings.
Frequently Asked Questions
Who can get a court-appointed lawyer under this rule?
Only petitioners in habeas cases arising from criminal matters, extradition proceedings, or delinquency matters who request counsel and are found indigent after a public defender investigation.
Does the court decide indigence itself?
No. The judicial authority refers the request to the public defender, who investigates the petitioner's finances and reports back before the court appoints counsel.
What happens if the petitioner does not ask for counsel?
The rule only triggers a referral when the petitioner has requested counsel; it does not require the court to appoint a lawyer on its own initiative.
What law governs the actual appointment?
Once the public defender finds the petitioner eligible, the court appoints counsel under General Statutes § 51-296.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-26). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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