(a) Appearance of Counsel
(1) An attorney eligible to appear may enter an appearance in a criminal case by properly
signing in accordance with the ECF Filing Procedures and filing a Notice of Appearance
on behalf of the party the attorney represents.
(2) Appearance Prior to Arraignment. Any appearance in court prior to arraignment
obligates counsel to handle all matters up to, and to appear at, arraignment, unless
relieved of said obligation as provided for in paragraphs (3), (4), or CrR62.2(b). See CrR
62.1(d) regarding appearances by non-W.D. Wash. Attorneys.)
(3) Appearance at Initial Arraignment. At initial arraignment, a counsel who has
previously appeared may orally withdraw, and the arraignment may be continued for up
to two weeks to allow defendant to obtain counsel. Any counsel appearing at the initial
arraignment may request up to two weeks to finalize a representation agreement with
defendant, and the arraignment shall be so continued. Counsel may thereafter be relieved
of responsibility by filing, prior to the continued arraignment hearing and after service on
defendant and the United States Attorney’s Office, a written notice of nonrepresentation,
without the necessity of counsel appearing at said hearing; or by appearing and orally
stating so on the record. Defendant must be present in all instances. Further
continuances of the initial arraignment to finalize representation may be made only upon
a proper showing and by order of the judge or magistrate judge before whom the matter is
pending upon due consideration of Speedy Trial rights, including discovery, motions and
trial dates, the situation with respect to any codefendants, right-to-counsel rights, and any
other relevant considerations. Counsel representing a defendant when arraigned or
rearraigned is obligated to handle, in the district court, all matters charged at that
arraignment or rearraignment.
(4) Stand-In Appearance. With the agreement of defendant on the record in open court,
and with court approval, another attorney may appear for defense counsel.
(b) Withdrawal of Attorneys
(1) No attorney shall withdraw an appearance in any criminal case, except by leave of
court, unless the withdrawal complies with the requirements of subsections (b)(2) or (b)(3).
A motion for withdrawal shall be noted in accordance with CrR 12(b) and shall include a
certification that the motion was served on the client and opposing counsel.
(2) Where there has simply been a change of counsel within the same law firm or
governmental law office, and the substitution will not form a basis for a motion to continue
the pending trial date, an order of substitution is not required; the new attorney should file a
Notice of Appearance and the withdrawing attorney should file a Notice of Withdrawal.
Criminal Rules
(3) If a trial date has not yet been set, substitute defense counsel may file a notice of
substitution of counsel signed by new counsel and the defendant and previous counsel may
file a notice of withdrawal.
(4) When a party is represented by an attorney of record in a case, the party cannot appear
or act on his or her own behalf in that case until after the party requests by motion to
proceed on his or her own behalf, and the court permits self-representation following a
hearing on the matter; provided, that the court may in its discretion hear a party ,
notwithstanding the fact that he or she is represented by an attorney.
(5) Unless the attorney withdraws in accordance with these rules, the authority and duty of
an attorney of record shall continue after final judgment.
(c) Notices of Unavailability
Notices of unavailability are not required. Such notices, if filed, do not alter dates set by the
Court or criminal rules. The Court expects the parties to confer about significant periods of
unavailability. This rule does not preclude an attorney from requesting relief from a deadline due
to a scheduling difficulty. See CrR 12(b)(10).
(d) Discovery Obligations if Defense Counsel Withdraws or is Discharged
In the event defense counsel withdraws or is discharged at any time throughout the case,
it is the obligation of discharged counsel to make all discovery from the government
available to new counsel. Discharged counsel shall make this disclosure no later than 14
days after new counsel files their notice of appearance, unless an extension is granted. It
is new counsel’s responsibility to confirm with the government that all discovery
productions were provided.
Criminal Rules
