How Does a Court-Appointed Attorney Withdraw from a Case?

U.S Court Rules Governing Motions to Withdraw

• A court-appointed attorney in federal court may withdraw from a case by filing a motion to withdraw as directed by U.S.Code TITLE 26 App. > TITLE III. > Rule 24: Appearance and Representation. The code states that counsel must first inform his client of the intent to withdraw. Other counsel of record on the case must also be informed. This U.S. code is the guide for all U.S. Court rules. Local Federal District court rules may have additional requirements and standards. Check your local court rules.
  
  

State Court Rules Governing Motions to Withdraw

• A court-appointed attorney in state court may file a motion to withdraw as directed by the state court rules. State court rules vary but are guided by models of professional responsibility and codes of ethical conduct. Most state courts require compelling circumstances to be described in the motion to withdraw. The American Bar Association's Model Code of Professional Responsibility; section EC 2-32 provides a guideline for many state court rules governing withdrawal of counsel. The section includes statements that the attorney should withdraw only under compelling circumstances; the attorney should not withdraw without trying to minimize harm to the client's case; and the attorney should cooperate fully with any new counsel. Check your local court rules.
  
  

Compelling Circumstances Defined

• There is no uniform definition of compelling circumstances for every court or every court case. Federal and state courts give much discretion to judges in determining whether the circumstances are compelling enough for a motion to withdraw to be accepted. The ABA has issued guidelines for public defenders and court-appointed attorneys stating that excessive workloads and inability to properly try a case are compelling reasons to withdraw. Other opinions have been issued by the ABA and by state bar associations on compelling circumstances for withdrawal, but such opinions are not binding.
  
  

Third Party Withdrawal of Counsel

• Federal court rules and some state court rules allow a third party to file a motion to withdraw the counsel of record; it is not always necessary for counsel to file a motion to withdraw on their own behalf. A third party can file a "motion to withdraw counsel." Motions to withdraw counsel are governed by the same local rules and ethical guidelines as outlined above.