The Law Mind

Attorney Admission, Appearance, And Student Practice

W.D.N.Y. RULE 44

(a) All rules related to attorney admission to practice, attorneys of record, discipline of attorneys, student practice and student law clerks are found in Loc. R. Civ. P. 83.1, 83.3, 83.6, and 83.7, all of which are incorporated by reference into these Local Rules of Criminal Procedure. (b) During counsel’s initial appearance on behalf of a criminal defendant, the Court may inquire whether counsel has been “fully retained” for the duration of the criminal proceedings. The “fully retained” inquiry serves to remind counsel that once he or she appears as the attorney of record, the Court will expect counsel to continue to represent that defendant throughout the duration of the trial court proceedings. Partial representation of a criminal defendant is not permitted in this Court, and an attorney who has appeared as the attorney of record may withdraw only for good cause shown. Non- payment of legal fees, without more, may not be sufficient to demonstrate good cause. Therefore, counsel should make adequate financial arrangements with a client before accepting representation. Nothing in this Rule shall prohibit an attorney from seeking a mid-case appointment under the CJA where the interests of justice so dictate. (c) The United States Attorney, Assistant United States Attorneys, and Special Assistant United States Attorneys may be substituted by making an entry on the docket. −15−
Official source: https://www.nywd.uscourts.gov/sites/nywd/files/26-4-7%20CLERICAL%20CORRECTIONS%20TO%202024 · retrieved 2026-07-23