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Rule 36. Withdrawal ofcounsel.

(a) Withdrawal of counsel prior to entry of judgment.

(a)(1) Consistent withthe Rules of Professional Conduct, an attorney may not withdraw as counsel ofrecord in criminal cases without the approval of the court.

(a)(2) A motion towithdraw as an attorney in a criminal case shall be made in open court with thedefendant present unless otherwise ordered by the court. Counsel must certifythat the withdrawal meets the requirements of the Rules of Professional Conduct.

(b) Withdrawal of counsel after entry of judgment. Prior to permittingwithdrawal of trial counsel, the trial court shall require counsel to certifyeither orally in open court or in writing, that the requirements in Subsection(a) have been satisfied and:

(b)(1) The defendant hasbeen advised of the right to file a motion for new trial or to seek acertificate of probable cause, and if in counsel's opinion such action isappropriate, that the same has been filed.

(b)(2) The defendant hasbeen advised of the right to appeal and if in counsel's opinion such action isappropriate, that a Notice of Appeal, a Request for Transcript, and inappropriate cases, an Affidavit of Impecuniosity and an Order requiringthe appropriate county to bear the costs of preparing the transcript have beenfiled.

 

EffectiveMay 1, 2018