Circuit Rule 46.1: Duties, Withdrawal, and Appointment of Trial Counsel in Criminal Cases

(a) Duties of Trial Counsel in Criminal Cases. Trial counsel in a criminal case, whether retained or appointed by the district court, must continue to represent the defendant desiring to appeal unless specifically relieved of that obligation by this court.

(b) Determination of Eligibility for Representation Under the Criminal Justice Act. If the district court found the defendant to be eligible for appointed counsel under the Criminal Justice Act, the court of appeals may appoint an appellate attorney without further proof of the defendant’s eligibility for appointed counsel. Otherwise, if the defendant appears to qualify for Criminal Justice Act representation on appeal, trial counsel must:

(1) assist the defendant with filing in the district court a motion to proceed as one who is financially unable to obtain an adequate defense in a criminal case;

(2) file an affidavit with the motion that contains substantially the same information as Form 4 of the Appendix to the Federal Rules of Appellate Procedure; and

(3) if the district court denies the motion, file a similar motion in this court.

(c) Procedure for Withdrawal or Appointment in Criminal Cases. Unless retained by the defendant to provide appellate representation, trial counsel must file with the court of appeals a motion to withdraw or a motion for appointment within 14 days of the notice of appeal.

(1) Motion to Withdraw. A motion to withdraw filed by trial counsel within 14 days of the notice of appeal will be freely granted. The motion does not need to provide a reason for withdrawal, but must indicate whether:

(A) new counsel has been retained, as established by a statement signed by the defendant or the appearance of other counsel on behalf of the defendant;

(B) the defendant has been granted leave to proceed on appeal without the prepayment of fees or has been found eligible for representation under the Criminal Justice Act; and

(C) the defendant desires the appointment of counsel.

(2) Motion for Appointment. The court of appeals will make all appellate appointments under the Criminal Justice Act, and may appoint trial counsel to continue with the representation of the defendant on appeal. A motion for the appointment of trial counsel must state whether the attorney is a member of the Seventh Circuit Criminal Justice Act appellate panel.