TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 11.2, N.D.R.Ct., Withdrawal of Attorneys
Supreme Court Clerk Penny Miller has proposed an amendment to Rule 11.2. She wants attorneys who seek leave to withdraw from matters that are on appeal to file their motions with the Court.
Ms. Miller indicated that attorneys seeking leave to withdraw in matters on appeal generally submit their motions to the trial court. Ms. Miller said this creates confusion because, when a matter is on appeal, the clerks at the trial court level often do not act immediately on documents submitted in the matter. Instead, they submit them to the Supreme Court with regularly filed supplements to the record. Consequently, a motion to withdraw in a matter on appeal can languish while appellate deadlines tick down.
Ms. Miller said it is appropriate in some cases, such as those involving court-appointed counsel, for the trial court to decide withdrawal motions. Ms. Miller said that, if the rule is amended as proposed, such matters would be sent on to the trial court.
A version of Rule 11.2 containing the proposed amendment is attached.