(a) Waiver of Fees; Assignment on First Petition. At the time of filing of a petition under this Rule a defendant who is not represented by the Office of the Public Defender may annex thereto a sworn statement alleging indigency in the form prescribed by the Administrative Director of the Courts, which form shall be furnished to the defendant by the criminal division manager's office. The criminal division manager's office shall forthwith submit the same to the Presiding Judge of the Criminal Division who, if satisfied therefrom that the defendant is indigent, shall order the criminal division manager's office to file the petition without payment of filing fees. At the same time, and without separate petition therefor, if the petition is the first one filed by the defendant attacking the conviction pursuant to this rule, the court shall as of course, unless defendant affirmatively states an intention to proceed pro se, refer the matter to the Office of the Public Defender if the defendant's conviction was for an indictable offense, or assign counsel in accordance with R. 3:4-2 if the defendant's conviction was for a non-indictable offense.
(b) Assignment of Counsel on Cause Shown. Upon any second or subsequent petition filed pursuant to this Rule attacking the same conviction, the matter shall be referred to the Office of the Public Defender only upon application therefor and showing of good cause.
(c) Transcript. After assignment of counsel, or if the indigent defendant proceeds without counsel, the court shall grant an application for the transcript of testimony of any proceeding shown to be necessary in establishing the grounds of relief asserted.
(d) Substitution; Withdrawal of Assigned Counsel. Absent a showing of good cause, the court will not substitute new assigned counsel at the request of defendant while assigned counsel is serving. Assigned counsel may not seek to withdraw on the ground of lack of merit of the petition. Counsel should advance any grounds insisted upon by defendant notwithstanding that counsel deems them without merit.
