THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

O R D E R

 

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51 A(7), the Supreme Court of New Hampshire approves, on a temporary basis, amendments to Supreme Court Rule 32 as set forth in Appendix A. The amendments to Supreme Court Rule 32 shall be referred to the advisory committee on rules for consideration of whether they should be adopted on a permanent basis. The amendments to Supreme Court Rule 32 shall be effective on August 1, 2002.

June 19, 2002

                                                                                        ATTEST: ______________________
                                                                                                        Eileen Fox, Clerk of Court
                                                                                                        Supreme Court of New Hampshire

 

APPENDIX A

 

Amend Supreme Court Rule 32 by deleting said rule in its entirety and replacing it with the following:

 

RULE 32. COUNSEL IN CRIMINAL CASES

 

(1) Whether retained by the defendant or appointed by a lower 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 petition for appointment of counsel or a showing that a petition has been filed.

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

(4) Indigent defense cases appealed to the supreme court must be accompanied by petitions for either initial assignment or continued assignment of counsel (OAS Form #204-1081) together with a current financial affidavit or a photocopy of same.

Except in exceptional circumstances, the clerk's office will process the application for assignment of counsel within 30 days of the receipt of the notice of appeal and petition for assignment of counsel, together with affidavit.

(5) Maximum counsel fee for appeals to the supreme court in assigned counsel cases shall be $1,500.00.