—Judicial Action on Motion for

Permission To Withdraw Appearance (a) The presiding judge shall fully examine the memoranda of law filed by counsel and the peti- tioner, together with any relevant portions of the records of prior trial court, appellate and postcon- viction proceedings. If, after such examination, the presiding judge concludes that the submissions establish that the petitioner’s case is wholly frivo- lous, such judge shall grant counsel’s motion to withdraw and permit the petitioner to proceed as a self-represented party. A memorandum shall be filed under seal setting forth the basis for granting any motion under Section 23-41. (b) If, after the examination required in subsec- tion (a), the presiding judge does not conclude that the petitioner’s case is wholly frivolous, such judge may deny the motion to withdraw, may appoint substitute counsel for further proceedings under Section 23-41, or may allow the withdrawal on other grounds and appoint new counsel to rep- resent the petitioner. (P.B. 1978-1997, Sec. 529U.) (Amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2019, to take effect Jan. 1, 2020.)