Local Rule L.R. 83-17.4: Appointment of Counsel

L.R. 83-17.4 Appointment of Counsel

(a) Initial Appointment of Counsel - Upon receipt of the habeas corpus petition or the initial request for appointment of counsel, unless the petition is patently frivolous, or the request for appointment of counsel is clearly premature, the Federal Public Defender's Office ("FPDO") will be appointed. If the FPDO has already been assigned the maximum number of cases, as determined by the Defender Services Committee of the United States Judicial Conference, and the FPDO has not agreed to an excess appointment, or otherwise has a conflict or cannot accept the appointment, lead and second counsel must be selected and appointed from a panel of attorneys, qualified for appointment in capital habeas corpus cases. In exceptional circumstances, the Court may appoint an attorney who is not a member of the panel.

(b) Subsequent Appointment of Second Counsel - If second counsel is not appointed at the time lead counsel is appointed, and lead counsel recommends that second counsel be appointed, lead counsel must apply to the assigned judge for appointment of a second counsel.

(c) Substitution of First or Second Counsel - If the assigned judge, in his or her discretion, determines that the substitution of counsel is necessary, section (a) applies.