An announcement from the Tenth Circuit includes a reminder that 10th Cir. R. 46.3, regarding responsibilities of counsel in criminal and postconviction cases, has changed regarding duties of counsel who intend to move to withdraw. The rule states:
10th Cir. R. 46.3 Responsibilities in criminal and postconviction cases.
(A) Prosecution of appeal. Trial counsel must continue to represent the defendant until either the time for appeal has elapsed and no appeal has been taken or this court has relieved counsel of that duty. An attorney who files a notice of appeal in a criminal case or a postconviction proceeding under 28 U.S.C. § 2254 or § 2255, or who has not obtained an order from the district court granting permission to withdraw from further representation prior to the filing of a pro se notice of appeal, has entered an appearance in this court and may not withdraw without the court’s permission. Before filing a proper motion to withdraw under 10th Cir. R. 46.4 counsel must file, at a minimum, an entry of appearance and docketing statement.
New counsel will prepare the Transcript Order Form (and CJA24s) and the Designation of Record.