Local Rule LCrR 5: INITIAL APPEARANCE BEFORE MAGISTRATE JUDGE

LCrR 5 INITIAL APPEARANCE BEFORE MAGISTRATE JUDGE A. Opportunity to Consult With Counsel. A defendant shall be given an opportunity to consult with counsel at his or her Initial Appearance and before an initial interview with Pretrial Service Officers. The Federal Public Defender, or an attorney from the CJA Panel if the Federal Public Defender has a conflict, as directed by the Court, will provide advice of rights to defendants before their interview with Pretrial Services. Notwithstanding the foregoing, the Court may establish a separate protocol or procedure for situations involving the substantially contemporaneous arrests of ten or more individuals.

B. Notification of Counsel. It is the responsibility of the Magistrate Judge assigned to criminal duty to notify the Federal Public Defender, or the defendant's retained counsel if known, before the Initial Appearance.

C. Eligibility for Appointed Counsel. When a defendant requests appointment of counsel, and the Court determines that the defendant is eligible for appointed counsel, the Court will appoint counsel under the Criminal Justice Act at the time of the Initial Appearance.

D. Entry of Appearance. In all criminal cases involving privately retained counsel, a notice of appearance of counsel shall be filed at or before the first appearance of counsel. See also LCvR 83.2.C.1.

E. Withdrawal of Appearance. In any criminal proceeding, no attorney whose appearance has been entered shall withdraw his or her appearance except upon filing a written petition stating reasons for withdrawal, and only with leave of Court and upon reasonable notice to the client. See also LCvR 83.2.C.4.