Local Rule Criminal Rule 44.1: Right to and Assignment of Counsel

Criminal Rule 44.1 Right to and Assignment of Counsel a. Right to and Appointment of Counsel. If a defendant, appearing without counsel in a criminal proceeding, desires to obtain retained counsel, a reasonable continuance for arraignment, not to exceed seven (7) days at any one time, will be granted for that purpose. If the defendant requests appointment of counsel by the Court, or fails for an unreasonable time to appear with retained counsel, the assigned district judge or magistrate judge must, subject to the applicable financial eligibility requirements, appoint counsel, unless the defendant elects to proceed without counsel and signs and files the court-approved form of waiver of right to counsel. In that case the judge or magistrate judge must nevertheless designate counsel to advise and assist defendant to the extent defendant might thereafter desire. Appointment of counsel must be made in accordance with the plan of this court adopted pursuant to the Criminal Justice Act of 1964 and on file with the Clerk. b. Appearance and Withdrawal of Counsel. An attorney appearing for a defendant in a criminal case, whether retained or appointed, must promptly file with the Clerk a written appearance. An attorney who has appeared may thereafter withdraw only upon notice to the defendant and all parties to the case, and an order of Court finding that good cause exists and granting leave to withdraw. Failure of defendant to pay agreed compensation must not be deemed good cause for withdrawal. If an attorney seeks to withdraw after the arraignment, such application must be made to the assigned district judge. No magistrate judge will relieve counsel after arraignment unless the district judge has specifically referred the application to withdraw to the magistrate judge. Unless such leave is granted, the attorney must continue to represent the defendant until the case is dismissed, the defendant is acquitted or convicted, or the time for making post-trial motions and for filing notice of appeal, as specified in Rule 4(b) Fed. R. App. P has expired. If an appeal is taken, the attorney must continue to serve until leave to withdraw is granted by the Court having jurisdiction of the case or until other counsel is appointed by that court as provide in 18 U.S.C. § 3006A and in "Provisions for the Representation on Appeal of Defendants Financially Unable to Obtain Representation" as adopted by the Judicial Council of the Ninth Circuit. c. No attorney appointed by the Court to represent a defendant under the Criminal Justice Act will retain or hire any person related to that attorney by blood or marriage within the degree of first cousin including the relatives described in 5 U.S.C. § 3110(a)(3), as an interpreter, investigator, paralegal, associate attorney, expert or other person to be compensated under the Criminal Justice Act. The Court will not approve any compensation under the Criminal Justice Act for the services of any such person.