How do I get a court-appointed lawyer?
Verified 20 July 2023 - Legal and Administrative Information Directorate (Prime Minister)
If you can't find a lawyer to represent you in a proceeding penal, on bastler can point to one. In some procedures civilian (e.g. hospitalization without consent, guardianship) or administrative (for example, deportation of an irregular foreigner), you can also request a court-appointed lawyer. It's not free. You have to pay it unless you can get legal aid.
A public defender is a lawyer who has received specific training to be appointed.
He is registered at the bar of the court where your procedure takes place.
He is subject to the rules of professional conduct of lawyers.
The court-appointed lawyer assists you and defends your rights.
You can't choose it yourself.
A court-appointed lawyer is appointed in two ways:
- by the bastler at your request
- by the judge when you go to court alone to be tried and representation by counsel is mandatory. You can also apply to the judge even if the assistance of a lawyer is not mandatory.
FYI
you can refuse the lawyer that is designated for you. You must then make a new application to the president of the bar, giving reasons for your refusal. After considering your reasons, the president of the bar can point you to another one.
A court-appointed lawyer shall have the right to refuse to represent you if he has an excuse or an impediment. He warned the president who named one of his colleagues.
A public defender may be appointed to an adult or minor, a French national or a foreign national.
If you have an infirmity that could jeopardize your defense (for example, if you are visually impaired or hard of hearing), assistance with a lawyer is mandatory and may be appointed automatically.
For a juvenile summoned to court, the request may be made by either parent, guardian, person or department to whom the child has been entrusted or by a magistrate.
The request may also be made by the discernable minor :
- In the case of a procedure civil (e.g. hearing before the family judge), the juvenile capable of discernment is the minor whose age and maturity enable him to understand the procedure and its consequences.
- In the case of a procedure penal, the minor capable of discernment is the minor aged at least 13 who has understood the meaning of the criminal procedure to which he is subject.
The lawyer may be appointed ex officio for criminal proceedings and for certain civil or administrative proceedings.
Criminal proceedings
You can request the appointment of a court-appointed lawyer for the following procedures :
- Immediate appearance
- Pre-Conviction Appearance
- Delayed appearance
- Judicial inquiry before an investigating judge (for the person indictment or the assisted witness)
- In front of the police court or the correctional court
- In front of the court of assises or the criminal court
- In front of the sentencing judge
- Hearing before the children's judge in criminal matters (e.g. when the juvenile perpetrator is heard or tried)
Civil Proceedings
A public defender may be appointed in certain proceedings, which vary depending on the person making the request.
For a minor
A public defender may be designated in the following cases :
- Educational assistance
- Request for guardianship before the juvenile guardianship judge
- Hearing requested by the minor in proceedings before the family court (for the determination of residence, rights of access and accommodation, adoption)
For an adult
A public defender may be designated in the following cases :
- Withdrawal of parental authority
- Delegation in matters educational assistance
- Placing under measure judicial protection of an adult by the guardianship judge
- Review by the judge of freedoms and detention in hospitalization for psychiatric disorders
Other procedures
A public defender may be designated in the following cases :
- Proceedings before the Judge for Liberties and Detention concerning the entry and residence of foreigners and the right of asylum
- Proceedings before the Administrative Court concerning the removal of foreigners subject to a measure restricting their liberty
- Deduction of customs duties on a customs offence (e.g. illegal transport of cigarettes or narcotics...)
The lawyer may be appointed ex officio for a minor and for an adult.
For a minor
Custody
From the beginning of a police custody, the judicial police officer (OPJ) shall inform the minor child has the right to be assisted by a lawyer. The latter is chosen or appointed ex officio at the request of the minor or of one or other of his parents.
If the minor or his or her legal representatives have not appointed a lawyer, the OPJ, public prosecutor or the investigating judge in charge of the case must ask the president of the bar association the appointment of a court-appointed lawyer.
FYI
minors under 13 years of age who are the subject of restraint must be obligatory assisted by a lawyer. It may be designated by either of the parents or a court clerk.
Judicial inquiry
In a proceedings before an investigating judge, if the minor child is indicted or heard as assisted witnessYou can ask the judge to have a lawyer appointed by the court.
You must send or submit a request to the president of the bar association where the procedure takes place.
Who shall I contact
Attach the following documents to your application:
- Copy of your child's summons
- Notice of taxation (or non-taxation) of your household
This list is indicative. Additional documents may be requested.
The President of the Bar shall appoint a lawyer only for ongoing proceedings.
FYI
if your hearing date is set far enough away and your income is insufficient to pay for a lawyer, you can apply for one by filing an application legal aid.
Before the hearing
When you know the date of summons to court, you must address or file an application with the president of the bar association where your business is going.
Who shall I contact
Attach the following documents to your application:
- Copy of your child's summons
- Notice of taxation (or non-taxation) of your household
This list is indicative. Additional documents may be requested.
The president of the Bar shall appoint a lawyer only for ongoing proceedings.
During the hearing
When you show up alone at the hearing and you finally want a lawyer or the procedure requires it, the request is made the judge presiding over the hearing.
You can ask to be assisted by a public defender at any point in the procedure.
FYI
for the civil proceedings where a lawyer may be appointed ex officio, the request may be made before or during the hearing.
For an adult
Depending on the procedure you're going through, the application for a public defender is done in a different way.
Custody
From the beginning of a police custody, the judicial police officer (OPJ) informs you your rights, including the right to be assisted by a lawyer, chosen by you or appointed by the court.
If you want a court-appointed lawyer, you have to tell the OPJ.
Judicial inquiry
In a proceedings before an investigating judge, if you are indicted or heard as assisted witness, you can ask to the judge to be assisted by a lawyer appointed by the court.
The designation may be made from the beginning or during the procedure.
If you receive a summons from the investigating judge to be indicted or heard as an assisted witness, you must address or file your request with the president of the Bar Association of the court concerned.
Who shall I contact
Attach the following documents to your application:
- Copy of your summons
- Copy of your last 3 salary slips
- Last proof of your income and expenses and those of your spouse
This list is indicative. Additional documents may be requested.
The president appoints the lawyer and gives you his name and contact details.
Before the hearing
When you know the date of your summons to court, you must address or file your application to the president of the bar association where your case is taking place.
Who shall I contact
Attach the following documents to your application:
- Copy of your summons
- Copy of your last 3 salary slips
- Last proof of your income and expenses and those of your spouse
This list is indicative. Additional documents may be requested.
The president appoints the lawyer and gives you his name and contact details.
During the hearing
When you show up alone at the hearing and you finally want to have a lawyer present or the procedure requires it, the request is made to the presiding judge.
You can ask to be assisted by a public defender at any point in the procedure.
FYI
for civil proceedings where a lawyer may be appointed ex officio, the request may be made before or during the hearing.
You you have to pay your court-appointed lawyer.
His fees are free, that is to say that your lawyer himself fixes the cost of the benefits he charges you in a fee agreement.
If you meet the conditions for legal aid, the State shall pay for the lawyer appointed by the Court. If it is refused or granted to you only partially, he has the right to charge you fees.
In some procedures, the lawyer is paid by legal aid.
These procedures include:
- Non-judicial proceedings such as the police custody, restraint of a minor, retention, confrontation, customs retention, withholding of a foreigner for the purpose of verifying the right of movement or residence
- Immediate appearance, Delayed appearance
- Presentation before an investigating judge
- Placement or maintenance in pretrial detention
- Assistance of an accused before the court of assize (or the criminal court),
- Assistance of a minor before the juvenile court or the children's court in criminal matters
- Assistance of a minor in the proceedings educational assistance before the juvenile judge in criminal matters
- Protection Order
- Proceedings before the Judge for Liberties and Detention concerning the entrance and stay of the foreigners
- Proceedings before the Administrative Court concerning removal of foreigners who are the subject of a measure restricting their freedom
- Judicial procedure for the release and supervision of psychiatric care measures
In these cases, the lawyer has an obligation to inform you that the government may ask you to repay the sums paid to him in that capacity. You must repay these amounts if you do not meet the conditions for legal aid. This request for reimbursement must be made within 4 years.
In case of fee dispute, you can grab the president.
In the event of non-payment of the fees, the lawyer may apply to the President for the fixing of fees.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Bar of Lawyers
Article 6: Obligation of the lawyer to accept the appointment on the ex officio commission
Article 19(1): Exceptions in which the public defender is remunerated with legal aid
Article 116: Procedure before the investigating judge
Article 317: Procedure before the Court of Assize
Article 417: Proceedings before the Criminal Court
Criminal definition of a minor capable of discernment
Designation for a detained minor
Appointment of a minor in police custody
Article 388-1: Designation for the hearing of the minor (civil procedure)
Article 338-1: Hearing of the minor
Article 1186: designation in the educational assistance procedure
Article 1214: designation for a protected or to be protected major
Article L743-24 of the Code of Entry and Residence of foreigners and the Right of Asylum
Article L744-11 of the Code of Entry and Residence of foreigners and Right of Asylum
Articles 323-5 and 323-6: Customs retention
Article 1: Time limit for reimbursement of legal aid
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