6 Cir. R. 12: Filing a Representation Statement; Appearance of Counsel; Counsel’s Representation in Criminal Cases

(a) Required Appearance. An attorney must file a Form for Appearance of Counsel, 6CA- 68, to file documents or argue. A party represented by more than one attorney or firm must designate a single attorney as lead counsel. Counsel must update his or her PACER account to reflect changes in address telephone number, fax number, and e-mail address, and must advise the clerk as well. The court will provide notices only to counsel who has filed an appearance. Failure to file an appearance may result in dismissal of the case.

(b) Exigent Circumstances. 6 Cir. R. 46(a)(1)(A) requires most counsel to be admitted to this court’s bar to appear. In exigent circumstances that require filing or argument before admission, counsel should contact the clerk for directions.

(c) Counsel’s Representation in Criminal Cases.

(1) Continued Representation on Appeal. Trial counsel in criminal cases must continue representation of the defendant on appeal unless relieved by the court.

(2) Appointment of Trial Counsel as Appellate Counsel. If the district court appointed trial counsel, this court will appoint trial counsel as appellate counsel when the notice of appeal is filed. Appellant need not provide further proof of indigence.

(3) Appointment of Appellant’s Counsel Under CJA. When the court directs appointment of counsel for an appellant under the Criminal Justice Act, the clerk will select counsel as provided in the Sixth Circuit Criminal Justice Act Plan.

(4) Withdrawal of Appellate Counsel. A motion to withdraw as counsel on appeal in a criminal case must state reasons and be accompanied by one of the following:

(A) Proof that new counsel has been retained to represent the defendant, including a signed appearance by new counsel. If the defendant is indigent and seeks the appointment of counsel pursuant to the Criminal Justice Act application must first be made to the district court for leave for the defendant to proceed in forma pauperis.

(B) An affidavit or signed statement from the defendant stating:

• the defendant has been advised of the defendant’s appellate rights; and

• the defendant withdraws the appeal.

(C) A brief following the procedure in Anders v. California, 386 US 738 (1967), and—in addition to service otherwise required—proof that counsel served the following on the defendant:

• a copy of the brief;

• a copy of the motion; and

• notice that the defendant has 21 days from the date of service to file a brief in support of reversal of the conviction.

(D) A detailed statement of reasons why it would be unethical, unfair, or unreasonable to require counsel to continue to represent defendant, and in addition to service otherwise required—proof that counsel served the following on the defendant:

• a copy of the motion, including this statement; and

• notice that the defendant has 14 days from service of the motion to file a response.

(5) Petition for Rehearing or for Writ of Certiorari.

(A) Appointed counsel must file a petition for rehearing in this court or for a writ of certiorari in the Supreme Court if the client requests it, and in counsel’s considered judgment, there are grounds for seeking further review.

(B) The court shall accept a timely petition for rehearing filed pro se by a person represented by appointed counsel. If appointed counsel has not filed a motion to withdraw, the clerk shall serve counsel with notice of the pro se petition with a request that counsel take further action.