Rule 2.30 – Duty of continuing representation; withdrawal

May 13, 2021 | Criminal Procedure, Iowa

2. 30(1) Trial counsel may withdraw at any time after the final determination and disposition of the criminal action by the dismissal of the indictment or trial information or the acquittal of the defendant. However, in the event of the entry of a judgment of conviction and sentence, an attorney may not withdraw without leave of court until filing of notice of appeal, an application for appointment of counsel, and an application for production of transcripts at public expense in accordance with rule 2.29(6), if applicable, or until the expiration of the time for appeal from the judgment of conviction if no notice of appeal is filed, whichever occurs first. If a defendant entitled to court-appointed counsel wishes to appeal, counsel must file with the district court the notice of appeal, an application for appointment of counsel, and an application for production of transcripts at public expense in accordance with rule 2.29(6) before being allowed to withdraw.
2. 30(2) Withdrawals allowed under this rule pertain only to the district court proceedings, and counsel of record in the district court will be deemed to be counsel in the appellate court in accordance with the provisions of Iowa R. App. P. 6.109(4) in the event of an appeal unless other counsel is retained or appointed and notice is given to the parties and the clerk of the supreme court. If counsel is not court appointed, counsel may withdraw from appellate proceedings pursuant to rule 6.109(5).

Iowa. R. Crim. P. 2.30

Report 1980; November 9, 2001, effective February 15, 2002; November 18, 2016, effective March 1, 2017.