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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

 

RULE 32. COUNSEL IN CRIMINAL CASES

 

 (1) Whether retained by the defendant or appointed by a trial court, trial counsel in a criminal case shall be responsible for representing the defendant in the supreme court unless the supreme court relieves counsel from this responsibility for good cause shown. 

 (2) A motion to withdraw as counsel on appeal in a criminal case must state reasons that would warrant the grant of leave to withdraw.  Unless prior approval has been obtained from the court for good cause shown upon exceptional circumstances, the motion must be accompanied by either:

     (a) A showing that new counsel has been appointed or retained to represent the defendant; or 

     (b) The defendant's completed "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) or a showing that a "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) has been filed.  

 (3) Trial counsel shall continue to participate until and unless the motion to withdraw is approved by the supreme court. 

 (4)  Any indigent defendant who wishes to be represented in the supreme court by court-appointed counsel, including indigent defendants who were represented in the trial court by court-appointed counsel, must file a current "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) with the supreme court.  If the indigent defendant is the appellant, the current "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) shall accompany the appeal document.  Otherwise, the current "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) shall be filed within thirty days after the date that the appeal document is filed. 

        Except in exceptional circumstances, the clerk's office will process the "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) within 30 days of the receipt of said affidavit. 

 (5) Maximum counsel fee for appeals to the supreme court in assigned counsel cases shall be $2,000.00. 

 

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