D. Guam CRLR 44

(a) Retained Counsel. In all criminal actions, counsel retained to represent a defendant and

appearing in a criminal case must promptly file with the clerk a formal written

appearance.

(b) If a defendant requests appointment of counsel by the court, the magistrate judge shall

promptly appoint counsel in accordance with the plan of this court adopted pursuant to

the Criminal Justice Act of 1964 on file with the Clerk.

(c) Duration of Representation. Whether retained or appointed, an attorney wishing 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. Unless such leave is granted by the court, 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 any

notice of appeal. If counsel has not obtained permission to withdraw by the district court

prior to the filing of the notice of appeal, the motion to withdraw must be addressed to the

Ninth Circuit Court of Appeals.

(d) Appointment of Counsel Prior to the Filing of Criminal Charges. When a person is not

represented by counsel and requests to be represented by a court-appointed attorney as an

indigent, and the Government is aware that a conflict of interest exists that would prevent

the Office of the Federal Public Defender of Guam from representing the individual, the

Government shall initiate the opening of a miscellaneous case by filing a petition

requesting the court to appoint counsel for said individual. Such miscellaneous cases

shall automatically be sealed without the need for the filing of a separate motion or order

by the court. For good cause shown, the court shall thereafter appoint the next available

counsel on the court’s Criminal Justice Act (“CJA”) Panel to represent the individual.