(a) Retained Counsel. In all criminal actions, counsel retained to represent a defendant and
appearing in a criminal case must promptly file with the clerk a formal written
appearance.
(b) If a defendant requests appointment of counsel by the court, the magistrate judge shall
promptly appoint counsel in accordance with the plan of this court adopted pursuant to
the Criminal Justice Act of 1964 on file with the Clerk.
(c) Duration of Representation. Whether retained or appointed, an attorney wishing to
withdraw must file a motion to withdraw, showing good cause for allowing the attorney
to withdraw. Failure of the defendant to pay agreed compensation may not necessarily be
deemed good cause. Unless such leave is granted by the court, the attorney shall continue
to represent the defendant until the case is dismissed, or the defendant is acquitted, or, if
convicted, until the expiration of the time for making post-trial motions and for filing any
notice of appeal. If counsel has not obtained permission to withdraw by the district court
prior to the filing of the notice of appeal, the motion to withdraw must be addressed to the
Ninth Circuit Court of Appeals.
(d) Appointment of Counsel Prior to the Filing of Criminal Charges. When a person is not
represented by counsel and requests to be represented by a court-appointed attorney as an
indigent, and the Government is aware that a conflict of interest exists that would prevent
the Office of the Federal Public Defender of Guam from representing the individual, the
Government shall initiate the opening of a miscellaneous case by filing a petition
requesting the court to appoint counsel for said individual. Such miscellaneous cases
shall automatically be sealed without the need for the filing of a separate motion or order
by the court. For good cause shown, the court shall thereafter appoint the next available
counsel on the court’s Criminal Justice Act (“CJA”) Panel to represent the individual.
