Rule 62-9A. Hybrid Representation; Removal or Substitution of Counsel in Criminal and Habeas Corpus Appeals

On appeal, a defendant or habeas petitioner has no right to self-representation while represented by counsel. If an indigent defendant or habeas petitioner wishes to replace appointed counsel or remove appointed counsel and appear as a self-represented party, in lieu of such counsel, the defendant or habeas petitioner shall file a motion with the appellate clerk making such request and setting forth the reasons therefor. A copy of such motion shall be delivered, in accordance with Section 62-7, to the attorney sought to be removed or replaced and to the state. The appellate clerk shall forward the motion to the trial judge, who shall conduct a hearing and enter appropriate orders consistent with the relevant provisions of Chapter 44 of these rules. The trial court shall send notice of the order to all counsel of record and to the appellate clerk.

Committee Notes

(Amended Jan. 29, 2009, to take effect March 1, 2009.) amended Jan. 29, 2009, to take effect March 1, 2009; amended Sept. 16, 2015, to take effect Jan. 1, 2016.)