Opinion
Case No. 8:02CR82
July 8, 2002
MEMORANDUM AND ORDER
This matter is before the Court on the Motion to Withdraw filed by Steven Lefler (Filing No. 16).
PROCEDURAL BACKGROUND
On May 6, 2002, the Defendant, Ronald A. Aultman, pleaded guilty to Count I of the Indictment. At that time, sentencing was scheduled for July 29, 2002.
On July 13, 2002, Steven Lefler filed a Motion to Withdraw. (Filing No. 16.) Lefler's Motion incorrectly states that "this matter has been tried before a jury and both a conviction and sentence have been rendered." Lefler states as his reason for withdrawal that he is reducing his caseload "in anticipation of retirement." (Filing No. 27.)
DISCUSSION
The local rules of this Court provide:
An attorney who has appeared of record in a case may withdraw for good cause shown, but shall be relieved of his or her duties to the court, the client, and opposing counsel, only after service of notice of withdrawal on all other parties and on the client, filing with the Clerk of the court notice and proof of service thereof, and entry of an order authorizing the withdrawal.
NELR 3.3(d).
The local rules of the United States Court of Appeals for the Eighth Circuit provide that retained and appointed counsel shall file a notice of appeal if a criminal Defendant so requests, and counsel shall represent the Defendant on appeal, unless the Eighth Circuit grants permission to withdraw. Eighth Cir.R. 27C. The Plan to Expedite Criminal Appeals adds that a motion to withdraw will not be granted by the Eighth Circuit "absent unusual circumstances." Plan to Expedite Criminal Appeals, sec. II.
Mr. Lefler's Motion will be denied for lack of good cause in view of the chronological events in this case summarized above. Lefler's Motion misstates the procedural history of the case. Unless Aultman secures other retained counsel, and unless this Court grants a subsequent motion to withdraw based on good cause, Lefler has a duty to continue to represent Woodard until he assists Woodard in filing a notice of appeal, if Woodard so requests. Lefler may then file a motion to withdraw with the Eighth Circuit Court of Appeals if he wishes to do so.
IT IS ORDERED that the Motion to Withdraw filed by Steven Lefler (Filing No. 16) is denied.