An attorney in a criminal case, whether retained by the defendant or appointed by the
district court, must ascertain whether the defendant wishes to appeal and must file a notice of
appeal upon the defendant’s request, regardless of any waivers in the plea agreement. An
attorney must continue to represent the defendant on appeal until the attorney is relieved and
replaced by a substitute attorney or by the defendant acting pro se under Ninth Circuit Rule 4-1.
(a) When an attorney was retained for trial:
(1) If the defendant is not indigent for purposes of appeal, the attorney must
continue to represent the defendant until relieved by the district court
before the filing of the notice of appeal or by the Court of Appeals after
the filing of the notice of appeal.
(3) If the defendant is indigent for purposes of appeal, the attorney must
submit to the district court a financial affidavit (Form CJA 23) completed
by the defendant, along with an application for appointment of counsel. If
a notice of appeal is filed before the application for appointment of
counsel is filed, the application for appointment of counsel and the
financial affidavit must be filed with the Court of Appeals under Ninth
Circuit Rule 4-1.
(b) When an attorney was appointed for trial:
(1) If the attorney was appointed by the district court under 18 U.S.C.
§ 3006A and a notice of appeal has been filed, the attorney’s appointment
automatically continues on appeal.
(2) If the attorney is unable to, or should not, represent the defendant on
appeal, the attorney must at the sentencing hearing request to be relieved
as attorney and for the appointment of an attorney for the appeal. After
the notice of appeal has been filed, this relief must be sought from the
Court of Appeals.
