Local Rule Criminal L.R. 44: Obligations of Retained and Appointed Counsel

Criminal L.R. 44. Obligations of Retained and Appointed Counsel

(a) Retained Counsel.

(1) Financial Arrangements; Notice When Arrangements Are Unsatisfactory. Retained criminal defense attorneys are expected to make financial arrangements satisfactory to themselves and sufficient to provide for representation of their client until the conclusion of the client's action. Unless the Court, within fourteen (14) days after arraignment, is notified in writing of counsel's withdrawal because of Defendant's failure to make satisfactory arrangements, the Court will expect counsel to represent the Defendant through the conclusion of the client's action, as defined in subsection (a)(2) herein. Failure of a Defendant to pay sums owed for attorney's fees or failure of counsel to collect the sum sufficient to compensate for all the services usually required of defense counsel will normally not constitute good cause for withdrawal after said fourteen-day period has expired.

(2) Conclusion of Client's Action. Unless otherwise ordered by the Court, the conclusion of the client's action occurs when the client is acquitted, sentenced, or the action is dismissed. In the event that a Defendant is convicted, retained counsel shall advise the Defendant of his/her right to appeal and of his/her right to counsel on appeal. If requested to do so by the Defendant, counsel shall file a timely notice of appeal. If the Defendant does not seek an appeal, counsel shall file a statement, signed by both attorney and client, that he/she has informed the Defendant of his/her right to appeal and his/her right to obtain counsel on appeal but that the Defendant has advised him/her that he/she does not seek an appeal. Upon the filing of this statement of non-appeal, the attorney's responsibility to represent the client will terminate. Representation by retained counsel in other proceedings shall terminate when the purpose of the representation is accomplished or when terminated by Court order.

(b) Appointed Counsel.

(1) Duties. Counsel appointed under the Criminal Justice Act Plan participate in the Plan in fulfillment of their professional responsibilities as officers of the Court, and the limited amount of compensation accruing in no respect diminishes that responsibility. Appointed counsel shall continue to serve until his/her representation is terminated as provided by the Plan or by Court order. Appointed counsel shall report to the Court any change in his/her client's financial status, that comes to his/her attention, where it appears that the client is able to finance all or a part of the reasonable attorney's fees.

(2) Termination of Appointment. In the event that a Defendant is convicted, counsel appointed under the Criminal Justice Act Plan shall advise the defendant of his/her right to appeal and of his/her right to counsel on appeal. If requested to do so by the Defendant, counsel shall file a timely notice of appeal, and he/she shall continue to represent the Defendant unless he/she is relieved of that responsibility by Court order. If the Defendant does not request that an appeal be filed, counsel shall file a statement, signed by both attorney and client, that the client has been informed of his/her right to appeal and his/her right to obtain counsel on appeal but has chosen not to appeal. Once the notice of non-appeal is filed, the appointment shall terminate. Representation by appointed counsel in other proceedings shall terminate when the purpose of the appointment is accomplished or when terminated by Court order.

(c) Guidelines as to Maximum Compensation. The Clerk shall maintain a schedule of guidelines for maximum compensation to be allowed by the Court, not to exceed that provided in 18 U.S.C. § 3006A.

(d) Authorization for Expert or Other Services. Prior Court authorization is required before obtaining services or incurring any expense such as reporter transcripts, interpreter, investigator, psychiatrist, or other expert services. Counsel should be aware of the maximum fees authorized for expert services in 18 U.S.C. § 3006A(e)(3). The appropriate forms for obtaining authorization for expert services are available from the Clerk.