L. R. Harris Cnty. Crim. Ct. 16

As amended through June 28, 2024

Rule 16 - ATTORNEY OF RECORD

16.1. On the first appearance retained counsel shall complete the Attorney of Record form provided by the court and file it with the clerk of the court. The district clerk shall use the attorney of record form or the order appointing counsel as a source document for data entry into the Justice Information Management System. A written motion and order of the court will be required for withdrawal as attorney of record.

16.2. The original attorney of record is presumed, under these rules, to continue as attorney when a notice of appeal is filed. When the original attorney of record does not continue to represent the defendant on appeal, then the original attorney of record shall file a motion to withdraw as attorney of record in the county criminal court in which the case is pending. At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court's docket within seven (7) calendar days of presentment. The purpose of this hearing is to allow the court to rule on the motion to withdraw.

16.3. When notice of appeal is filed and an attorney other than the attorney of record is retained to prosecute the appeal, then appellate counsel shall file a motion to substitute counsel in the county criminal court at law in which judgment was entered. The motion shall be filed at the time notice of appeal is filed, or not later than five (5) calendar days after the date counsel is retained or appointed. The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court's docket within seven (7) calendar days of presentment. The purpose of this hearing is to allow the court to rule on the motion to substitute counsel.

16.4. The written notice of appearance of counsel on appeal will be filed with the clerk for the case file and will become a part of the clerk's transcript on appeal.

16.5. When an attorney is appointed to represent an indigent defendant, the order appointing counsel shall be the document used to attach the attorney's name to the case as an appointed attorney.

L. R. Harris Cnty. Crim. Ct. 16

As amended through 10/22/2021; as amended through 12/9/2022.