2.2-5 Self-represented Defendant
New, June 12, 2009
Note: This instruction should be given either at the beginning of the trial or at any time during the trial when a defendant has decided on self-representation.
<Insert as appropriate:>
The defendant has decided to represent (himself/herself) in this trial, rather than being represented by an attorney.
The defendant has decided to continue this trial representing (himself/herself), and is no longer represented by <name of attorney>.
(He/She) has a constitutional right to do so. (His/Her) decision to proceed without an attorney has no bearing on whether (he/she) is guilty or not guilty, and you are not to draw any inference unfavorable to the defendant from the exercise of (his/her) right to represent (himself/herself).
[<If standby counsel has been appointed:>
<Name of attorney>, a lawyer, will be seated at the counsel table
with the defendant. The defendant may at any time consult with Atty.