10th Cir. R. 46.3: Responsibilities in criminal and postconviction cases

(A) Prosecution of appeal. Trial counsel must continue to represent the defendant until either the time for appeal has elapsed and no appeal has been taken or this court has relieved counsel of that duty. An attorney who files a notice of appeal in a criminal case or a postconviction proceeding under 28 U.S.C. § 2241, § 2254 or § 2255, or who has not obtained an order from the district court granting permission to withdraw from further representation prior to the filing of a pro se notice of appeal, has entered an appearance in this court and may not withdraw without the court’s permission. Before filing a proper motion to withdraw under Rule 46.4 counsel must file, at a minimum, an entry of appearance and docketing statement. Before moving to withdraw, counsel appointed under the Criminal Justice Act must also order the transcript(s) of any change of plea, sentencing, or trial that took place in the district court. See 10th Cir. R. 10.2.

(B) Additional motion requirement for CJA counsel. All counsel appearing in this court pursuant to a Criminal Justice Act appointment made originally in the district court must file a motion, within 14 days after the appeal or other proceeding is docketed in this court, seeking either a continued appointment for the appeal or permission to withdraw.

(1) All motions to withdraw must comply with Rule 46.4(A).

(2) All motions to continue the appointment on appeal must include:

(a) a statement regarding whether the attorney is currently, or was previously, a member of the Tenth Circuit Criminal Justice Act appellate panel; and

(b) a statement regarding why the continuation is sought and the benefit to the appeal by virtue of a continued appointment.

(3) In counsel’s discretion, motions to continue may be filed ex parte and/or under seal.

(4) Consistent with the provisions of Rule 46.3(A), this requirement applies equally if the defendant files a pro se notice of appeal.