1st Cir. R. 46.6

(a) Trial counsel's duty to continue to represent defendant on appeal until relieved by the

court of appeals.

An attorney who has represented a defendant in a criminal case in the district court will be

responsible for representing the defendant on appeal, whether or not the attorney has entered an

appearance in the court of appeals, until the attorney is relieved of such duty by the court of

appeals. See 1st Cir. R. 12.0(b).

(b) Withdrawal by counsel appointed in the district court.

When a defendant has been represented in the district court by counsel appointed under the

Criminal Justice Act, the clerk will usually send a "Form for Selection of Counsel on Appeal" to

defendant, which asks defendant to select among the following:

(1) representing him or herself on appeal and proceeding pro se;

(2) requesting trial counsel to be appointed on appeal to represent defendant on appeal;

(3) requesting the appointment of new counsel on appeal; and

(4) retaining private counsel for appeal.

If the defendant returns the form and elects to proceed with new counsel to be appointed on appeal,

then the court will ordinarily appoint new counsel and allow trial counsel to withdraw.

If counsel wishes to withdraw and either the defendant fails to complete the form or counsel wishes

to terminate representation even though the defendant has selected (2) above, counsel may file an

affidavit explaining the difficulty and move to withdraw.

An unsworn declaration under the penalty of perjury in the format set forth in 28 U.S.C. § 1746

will suffice in place of an affidavit.

(c) Procedure for withdrawal in situations not governed by Local Rule 46.6(b).

Motions to withdraw as counsel on appeal in criminal cases must be accompanied by a notice of

appearance of replacement counsel or, in the absence of replacement counsel, such motions must

state the reasons for withdrawal and must be accompanied by one of the following:

(1) The defendant's completed application for appointment of replacement counsel under the

Criminal Justice Act or a showing that such application has already been filed with the

court and, if defendant has not already been determined to be financially eligible,

certification of compliance with Fed. R. App. P. 24; or

(2) An affidavit from the defendant showing that the defendant has been advised that the

defendant may retain replacement counsel or apply for appointment of replacement

counsel and expressly stating that the defendant does not wish to be represented by

counsel but elects to appear pro se; or

(3) An affidavit from the defendant showing that the defendant has been advised of the

defendant's rights with regard to the appeal and expressly stating that the defendant elects

to withdraw the appeal; or

(4) If the reason for the motion is the frivolousness of the appeal, a brief following the

procedure described in Anders v. California, 386 U.S. 738 (1967), must be filed with the

court. [Counsel's attention is also directed to McCoy v. Court of Appeals, 486 U.S. 429

(1988); Penson v. Ohio, 488 U.S. 75 (1988)]. Any such brief shall be filed only after

counsel has ordered and read all relevant transcripts, including trial, change of plea, and

sentencing transcripts, as well as the presentence investigation report. Counsel shall serve

a copy of the brief and motion on the defendant and advise the defendant that the defendant

has thirty (30) days from the date of service in which to file a brief in support of reversal

or modification of the judgment. The motion must be accompanied by proof of service on

the defendant and certification that counsel has advised the defendant of the d efendant's

right to file a separate brief.

If counsel is unable to comply with (1), (2), or (3) and does not think it appropriate to proceed

in accordance with (4), counsel may file an affidavit explaining the difficulty and move to

withdraw.

An unsworn declaration under the penalty of perjury in the format set forth in 28 U.S.C.

§ 1746 will suffice in place of an affidavit.

(d) Service.

All motions must be accompanied by proof of service on the defendant and, if required by

Fed. R. App. P. 25(d), the Government. Motions are customarily determined, without oral

argument, by one or more judges.