Rule 23 - Custody of Prisoners in Habeas Corpus Proceedings(a)Transfer of custody. Pending disposition of any habeas corpus proceeding commenced pursuant to statute, before the supreme court or a justice thereof for the release of a prisoner, a person having custody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this rule. Upon application of a custodian showing any need therefor, the supreme court or a justice thereof may make an order authorizing transfer and providing for the substitution of the successor custodian as a party.(b)Detention or release of prisoner pending disposition of application for habeas corpus. Pending a disposition of an application for habeas corpus pursuant to statute, the prisoner may be detained in the custody from which release is sought, or in other appropriate custody, or may be released upon the prisoner's own recognizance, with or without surety, as may appear fitting to the supreme court or the justice to which or to whom the application is made.(c)Modification of initial order respecting custody. Unless modified by the supreme court or the justice to which or to whom the application is made, the initial order respecting the custody or release of the prisoner and any recognizance or surety taken shall govern pending disposition of the application.Amended December 6, 1999, effective 1/1/2000; further amended June 20, 2006, effective 7/1/2006.