Conn. Practice Book § 43-33

for Appeal by Indigent Defendant

(a) An indigent defendant who wishes to prosecute his or her appeal may apply to the court from

which the appeal is taken for the appointment of

counsel to prosecute the defendant’s appeal and

for a waiver of fees and costs, pursuant to Sections 63-7 and 44-1 through 44-5.

(b) The application for a waiver of costs and

fees must be sent for investigation of the applicant’s indigence to the public defender’s office

in the court from which the appeal is taken. The

judicial authority shall assign the application for

hearing within twenty days after filing unless

otherwise ordered by the judicial authority for

good cause shown. At least ten days before the

hearing, the clerk’s office shall notify in writing

trial counsel, the state’s attorney, the trial pub -

lic defender’s office to which the application had

been sent for investigation and the chief of legal

services of the public defender’s office, of the date

of such hearing. The lack of timely notification to

any of the above parties shall result in a continu -

ance of the hearing until proper and timely notification has been completed.

(c) The application for the appointment of counsel to prosecute the defendant’s appeal shall be

assigned to the same date and hearing as the

application for waiver of fees, costs and expenses,

and the judicial authority shall decide both applications at the same time. If trial counsel is not to

be the assigned appellate counsel, the judicial

authority shall inform and order trial counsel to

cooperate fully with appellate counsel. If the chief

of legal services of the public defender’s office

is to be assigned as appellate counsel, unless

otherwise ordered by the court, trial counsel shall

be deemed to have ‘‘cooperated fully’’ if counsel

has delivered to the chief of legal services: a complete appellate worksheet, which shall be provided by the chief of legal services; and an elec -

tronic copy of trial counsel’s file. Failure to fully

cooperate with appellate counsel will result in a

short continuance of the applications for appellate

counsel and for the waiver of fees, costs and

expenses until cooperation is completed, or, if full

cooperation is not completed within a reason -

able time, sanctions against trial counsel may

be imposed.

(d) The judicial authority shall act promptly on

the applications following the hearing. Upon determination by the judicial authority that a defendant

in a criminal case is indigent, the court to which

the fees required by statute or rule are to be paid

may (1) waive payment by the defendant of fees

specified by statute and of taxable costs, and

waive the requirement of Section 60-9 concerning

the furnishing of security for costs upon appeal,

(2) order that the necessary expenses of prosecuting the appeal be paid by the state, and (3)

appoint appellate counsel and permit the with -

drawal of the trial attorney’s appearance provided

the judicial authority is satisfied that that attorney

has cooperated fully with appellate counsel in the

preparation of the defendant’s appeal.