Home Table of Contents

Rule 3 Criminal arraignments and attorney's withdrawal

Baldwin's Kentucky Revised Statutes Annotated33rd Judicial Circuit - Perry Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
33rd Judicial Circuit - Perry Circuit Court
Rules of Practice of the Perry Circuit Court
KY RPER Rule 3
Rule 3 Criminal arraignments and attorney's withdrawal
Currentness
A. All defendants shall be arraigned in open court as ordered by the Court following the return of an indictment or information.
B. Both the defendant and his attorney must be present at the arraignment. If the defendant is not represented by an attorney, the Court shall, before his arraignment, appoint counsel to represent him at the arraignment. The attorney appearing for the defendant at the arraignment shall represent the defendant in all future stages of the proceeding.
C. An attorney shall not withdraw from employment after arraignment in a criminal proceeding without permission of the Court.
D. Post trial withdrawals shall be subject to the following:
1. Retained trial counsel shall secure permission from the Court before withdrawing as counsel for any defendant who is to appeal a judgment of conviction;
2. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following:
(a) Notice of appeal pursuant to RCr 12.04;
(b) Motion, affidavit, and order for leave to appeal in forma pauperis;
(c) Order directing preparation of transcript pursuant to Rule 21 of the Rules of the Perry Circuit Court; and
(d) Order substituting the public defender's office as counsel on appeal.

Credits

HISTORY: Amended effective March 3, 1989.
Perry Circuit Court Rule 3, KY R PERRY CIR CT Rule 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document