Rule 36. Withdrawal of counsel.
(a) Withdrawal of counsel prior to
entry of judgment.
(a)(1) Consistent with the Rules
of Professional Conduct, an attorney may not withdraw as counsel of record in criminal
cases without the approval of the court.
(a)(2) A motion to withdraw as an
attorney in a criminal case shall be made in open court with the defendant
present unless otherwise ordered by the court. Counsel must certify that the
withdrawal meets the requirements of the Rules of Professional Conduct.
(b) Withdrawal of counsel after
entry of judgment. Prior to permitting withdrawal of trial counsel, the trial
court shall require counsel to file a written statement certifying:
(b)(1) That the defendant has been
advised of the right to file a motion for new trial or to seek a certificate of
probable cause, and if in counsel's opinion such action is appropriate, that
the same has been filed.
(b)(2) That the defendant has been
advised of the right to appeal and if in counsel's opinion such action is
appropriate, that a Notice of Appeal, a Request for Transcript, and in
appropriate cases, an Affidavit of Impecuniosity and
an Order requiring the appropriate county to bear the costs of preparing the
transcript have been filed.