Home Table of Contents

RULE 11-404. RIGHT TO ATTORNEY

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 400. Delinquency and Citation Proceedings (Refs & Annos)
Effective: January 1, 2023
MD Rules, Rule 11-404
RULE 11-404. RIGHT TO ATTORNEY
(a) Generally. A party is entitled to be represented by an attorney at every stage of all proceedings under this Chapter in accordance with Code, Courts Article, § 3-8A-20.
Cross reference: Code, Courts Article, § 3-8A-20 contains provisions governing the waiver of representation, the court's duties when a child appears without an attorney, and representation by the Public Defender. See also Code, Courts Article, § 3-8A-14.2 for the requirement that a juvenile consult with an attorney retained by the parent, guardian, or custodian of the child or provided by the Office of the Public Defender prior to a custodial interrogation and Code, Courts Article, § 3-8A-32 for special independent representation of a child when the court determines that is necessary.
(b) Striking of Attorney's Appearance.
(1) By Motion. An attorney wishing to withdraw an appearance shall file a motion to withdraw. If the attorney's client is a child who is entitled to representation at State expense, the court shall deny the motion unless another attorney has entered an appearance.
(2) Automatic Termination of Appearance.
When no appeal has been taken from a final order of termination of the proceeding pursuant to Rule 11-425, the appearance of an attorney is automatically terminated 30 days after the order of termination of the proceeding is entered.
Cross reference: See Code, Courts Article, § 3-8A-20 concerning the right to the assistance of counsel.
Source: This Rule is derived in part from former Rule 11-106 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022. Amended Sept. 30, 2022, eff. Jan. 1, 2023.]
MD Rules, Rule 11-404, MD R JUV CAUSES Rule 11-404
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document