R. 2:7-2. — Assignment of Counsel on Appeal

a. Indictable Offenses. All persons convicted of an indictable offense who are not represented by the Office of the Public Defender and who desire to appeal, and who assert they are indigent, shall complete and file, without fee, with the court in which they were convicted, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. They shall thereupon be referred to the Office of the Public Defender, which shall represent them on such appeal or review and on such subsequent post-conviction proceedings or appeal therein as would warrant the assignment of counsel.

b. Non-indictable Offenses. All persons convicted of a non- indictable offense who desire to appeal their conviction and who assert they are indigent, shall complete and file, without fee, with the trial court, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. If the court is satisfied that they are indigent, it shall assign counsel to represent them on the appeal (i) if the sentence imposed constitutes a consequence of magnitude as set forth in the "Guidelines for Determining a Consequence of Magnitude" in Appendix 2 to Part VII of the Rules of Court, or (ii) if the persons are constitutionally or otherwise entitled by law to counsel. If the sentence imposed does not constitute a consequence of magnitude, the court hearing the appeal may, in its discretion, determine whether to assign counsel for purposes of the appeal, irrespective of whether counsel was previously assigned in the case.

c. Review of Status as Prisoner. All persons seeking review of administrative proceedings concerning their status as prisoners and who assert they are indigent and are not represented by counsel shall file without fee with the Clerk of the Appellate Division a notice of appeal and a verified petition as required by R. 2:7-1. If they also request appointment of counsel, their verified petition shall include a detailed statement of the grounds upon which such request is made, including a statement of the facts and the issues giving rise to the appeal. If the Court is satisfied that they are indigent and constitutionally or otherwise entitled by law to counsel, it shall, as appropriate, either refer the matter to the Office of the Public Defender or assign other counsel to represent them on the appeal.

d. Responsibility of Counsel Assigned by the Trial Court for Non-Indictable Offenses. Assigned counsel representing a defendant in a non-indictable prosecution shall file an appeal for a defendant who elects to exercise the right to appeal. An attorney filing a notice of appeal shall be deemed the attorney of record for the appeal unless the attorney files with the notice of appeal a motion to be relieved as counsel and for the assignment of counsel on appeal.