Do indigent defendants in municipal court have the right to a court-appointed attorney?

• A. True.
• B. False.
• C. Only for felonies.
• D. Only if the judge approves.

Answer: (B)

The key idea is that the right to a court-appointed attorney activates when there is a real possibility of imprisonment. The Supreme Court has said that no one can be subjected to imprisonment for a crime without having had the opportunity to be represented by counsel. In municipal court, many offenses are punishable only by fines and do not carry jail time, so there isn’t an automatic duty to appoint counsel for indigent defendants. Some jurisdictions provide counsel in limited circumstances (such as when imprisonment could be imposed), but as a general rule there isn’t a blanket right to a court-appointed attorney in municipal court. That’s why the statement is false.