§ 26.5 Withdrawal By Counsel in Criminal Cases

• Jurisdiction: Washington

§26.5 WITHDRAWAL BY COUNSEL IN CRIMINAL CASES

RAP 18.3 covers withdrawal of counsel in criminal cases except for indigent appointments, which are governed by RAP 15.2(f) and (h). See Chapter 23 of this deskbook for indigent appointments.

Under RAP 18.3, counsel for a defendant in a criminal case may withdraw only with the permission of the appellate court on a showing of good cause. The court will ordinarily not permit withdrawal after the opening brief has been filed. Consequently, prudent private counsel seek a sufficient retainer to cover all work on appeal before the opening brief is filed. See State v. Folden, 53 Wn. App. 426, 767 P.2d 589 (counsel not permitted to withdraw after opening brief filed), review denied, 112...