During the pendency of a criminal case, the trial judge may appoint additional counsel to assist retained counsel in the representation of a defendant prior to, during, or after trial.
Rule 42.2.Appointment of Counsel to Assist Retained Counsel
Rule 42. SPECIAL COUNSEL · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 42.2 authorizes the trial judge, at his or her discretion, to appoint additional counsel to assist a criminal defendant’s retained counsel at any point before, during, or after trial for as long as the criminal case remains pending before the court.
Full Text of Rule 42.2
Plain-English Summary
Rule 42.2 gives a trial judge a narrow but useful power: the ability to bring in extra legal help for a defendant who already has retained counsel. This is not about replacing the defendant’s chosen lawyer or appointing a public defender because the defendant cannot pay — it is about supplementing the defense team the defendant has already assembled.
The judge’s discretion covers the full life of the case. Additional counsel can be appointed before trial, during it, or after it, so long as the criminal case remains pending. That flexibility matters in complex or lengthy prosecutions, where retained counsel might need support with particular issues, workload, or expertise that arises only after the case is already underway.
By locating this power with the trial judge rather than the defendant or the prosecution, the rule treats it as a case-management tool aimed at making sure the defense is adequately represented throughout the proceeding, not as a right the defendant can invoke on demand.
Frequently Asked Questions
Who has authority to appoint additional counsel under Rule 42.2?
The trial judge may appoint additional counsel to assist retained counsel.
At what stage of a case can additional counsel be appointed?
The trial judge may appoint additional counsel prior to, during, or after trial, so long as the criminal case is pending.
Does Rule 42.2 apply when a defendant has a public defender rather than retained counsel?
The rule’s text refers specifically to assisting “retained counsel,” meaning it addresses cases where the defendant already has privately retained representation.
Is appointment of additional counsel under Rule 42.2 mandatory?
No, the rule states the trial judge “may” appoint additional counsel, making it discretionary.
Does Rule 42.2 apply to civil cases?
No, the rule refers to the pendency of a criminal case and representation of a defendant.
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
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