Opinion
Case No. 1:05-CR-65.
February 22, 2006
ORDER
This matter is before the Court on Defendant Ronald Hemphill's Motion to Proceed in Forma Pauperis on Appeal, to Appoint Appellate Counsel, and to Allow Defendant's Counsel to Withdraw. Defendant has attached a completed Criminal Justice Act Form 23 to the Motion, evidencing his indigency. Therefore, the Court will grant Defendant's request to proceed in forma pauperis on appeal.
Turning to the question of who will represent Defendant on appeal, Defendant's counsel seeks to withdraw as his appellate attorney since Defendant is indigent, owes $5,400 in outstanding legal fees, and has four children who depend on him for support. None of these reasons are sufficient cause to permit withdrawal on appeal, see 6 CIR. SUPP. PRO. R. 101(f), and the Court will deny Defendant's counsel's request. Defendant's current counsel shall represent Defendant on appeal, and shall consider himself appointed in that capacity within the meaning of the Criminal Justice Act. See 18 U.S.C. 3001 et seq. Accordingly, Defendant's counsel is entitled to bill for his time spent working on Defendant's appeal under the Act. Id. at 3006A(d).
THEREFORE, IT IS HEREBY ORDERED that Defendant's Motion to Proceed in Forma Pauperis on Appeal, to Appoint Appellate Counsel, and to Allow Defendant's Counsel to Withdraw (Dkt. No. 41) is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED in that Defendant sought to proceed on appeal in forma pauperis and to appoint appellate counsel. The Motion is DENIED in that Defendant's counsel sought to withdraw.