Appearance and Withdrawal of Counsel (a) Appearance of Counsel. Whether retained or appointed, an attorney appearing for a defendant in a criminal case shall promptly inform the Court by either a writ

U.S. District Court for the Northern District of California

Rule Set: Criminal Local Rules of the United States District Court for the Northern District of California

Rule: 44-2

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Crim. L.R. 44-2

(b) Withdrawal of Counsel. An attorney who wishes to withdraw must file a motion to withdraw, showing good cause for allowing the attorney to withdraw. Failure of the defendant to pay agreed compensation may not necessarily be deemed good cause. Notice of the motion shall be given to the defendant and all parties to the case.

The attorney continues to represent the party until entry of a court order granting leave to withdraw. (c) Duration of Representation. (1) District Court Proceedings. Unless such leave is granted pursuant to Crim. L.R. 44-2(b), the attorney shall continue to represent the defendant until the case is dismissed, or the defendant is acquitted or, if convicted, until the expiration of the time for making post-trial motions and for filing notice and appeal pursuant to Fed. R. App. P. 4(b).

(2) On Appeal. If an appeal is filed, the attorney shall continue to serve until leave to withdraw is granted by the Court having jurisdiction of the case or until other counsel has been appointed by that court as provided in 18 U.S.C. § 3006A and in other applicable provisions of law.

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