(a)Counsel of record. If more than one attorney is identified as counsel for a party on a document filed in connection with a case pending in the Intermediate Court or the Supreme Court, the cover page of the document must clearly identify one attorney who is designated counsel of record for the represented party or parties. Unless otherwise ordered, counsel of record is required to be present at any oral argument scheduled by the Intermediate Court or the Supreme Court. Unless otherwise ordered, service of documents upon counsel of record is deemed sufficient service upon other counsel listed on a brief or other paper filed on behalf of a party.(b)Substitution of counsel of record. If, during the pendency of an action in the Intermediate Court or the Supreme Court, the identity of counsel of record for a party changes, substituted counsel of record must file a notice of appearance with the court in which the action is pending, with copies to all other counsel of record or unrepresented parties, setting forth the circumstances requiring a substitution of counsel. Substitution of counsel less than ten days prior to a scheduled argument is permitted only by leave of court before which oral argument is scheduled and will be permitted only in extraordinary circumstances.(c)Appearance by attorneys not admitted to practice in West Virginia. Attorneys from other jurisdictions who are not members in good standing of the West Virginia State Bar may not appear in a proceeding in the Intermediate Court or the Supreme Court without first being admitted pro hac vice. Pro hac vice admission, including payment of the requisite fee under Rule 8 of the Rules of Admission to the Practice of Law, is necessary in each separate tribunal even if counsel has previously been admitted pro hac vice in the same case in lower another tribunal. A prospective filing may be lodged with the Clerk prior to the time that leave to practice pro hac vice has been granted only if a complete motion for admission pro hac vice is filed in the court where the action is sought to be filed at the same time the prospective filing is lodged.(d)Withdrawal of counsel.(1) In order to withdraw as counsel in an action pending in the Intermediate Court or the Supreme Court in which counsel has previously appeared, counsel must provide the court where the action is pending with documentation that counsel has fully complied with the requirements of Trial Court Rule 4.03. Counsel is not relieved of the obligation to comply with all applicable deadlines and obligations in the case until such time as the court where the action is pending enters an order permitting counsel to withdraw.(2) When counsel is directed by a client to file an appeal in a criminal case, habeas corpus case, or an abuse and neglect case, counsel will not be permitted to withdraw solely on the basis that counsel lacks a good faith belief that an appeal is reasonable and warranted under the circumstances. Good faith may at times be defined by the legal obligation of counsel to file a brief referring to any point in the record that might arguably support the appeal in instances where a client insists on appeal after being advised that the appeal is wholly frivolous. Rule 10(c)(10) of these rules sets forth the requirements that must be observed when counsel in a criminal, habeas corpus, or abuse and neglect case lacks a good faith belief that an appeal is reasonable and warranted.(e)Admission ceremony. Prospective attorneys who are eligible for admission must appear in person before the Supreme Court at a regularly scheduled admission ceremony as required by Rule 7(b) of the Rules for Admission to the Practice of Law. Upon a showing of extraordinary circumstances (e.g. military service) set forth in writing to the Clerk, the Supreme Court may permit a prospective attorney who is eligible for admission to practice but is unable to attend a regularly scheduled admission ceremony to appear for admission at such time and manner as the Supreme Court may decide. Admission ceremonies may be set by the Supreme Court on any day the Supreme Court is in session, or on such other day during the term as the Supreme Court may provide.Last amended by Order dated November 24, 2015,1/1/2016; amended June 15, 2022, effective 7/1/2022.Clerk's Notes on Rule 3
Rule 3(d)(2) is intended to complement Rule 10(c)(10) by requiring counsel to continue representation even where counsel does not have a good faith belief that an appeal is reasonable and warranted under the circumstances. The procedure set forth in Anders v. California, 386 U.S. 738 (1967) is a constitutional minimum for court-appointed counsel in indigent criminal cases. The Supreme Court held in Smith v. Robbins, 528 U.S. 259, 276 (2000), "the Anders procedure is merely one method of satisfying the requirements of the Constitution for indigent criminal appeals. States may-and, we are confident, will-craft procedures that, in terms of policy, are superior to, or at least as good as, that in Anders." Numerous states have developed their own guidelines. The amendment to Rule 3(d)(2) is modeled after the policy established in Massachusetts, which provides that court-appointed counsel should not be permitted to withdraw solely on the ground that an appeal is frivolous or otherwise lacks merit. See Commonwealth v. Moffett, 383 Mass. 201, 418 N.E.2d 585 (1981). The rationale behind Rule 3(d)(2) is that the appearance of counsel is not an implicit representation to the Court that counsel believes in the legal substantiality of the contentions raised; instead, it acknowledges that counsel serves an important function in ensuring that a client's arguments are fully advanced on appeal. The language of the rule relating to good faith derives in part from State v. McGill, 230 W.Va. 85, n. 7, 736 S.E.2d 85, n. 7 (2012). Counsel in such circumstances has an ethical obligation to provide the Court with relevant information from the record and relevant legal authorities. In extraordinary circumstances, if counsel is ethically compelled to disassociate from the contentions presented in the brief, counsel must preface the brief with a statement that the brief is filed pursuant to Rule 10(c)(10)(b) of the Rules of Appellate Procedure.