IX GENERAL PROVISIONS
RULE 44.1 DUTIES AND RESPONSIBILITIES OF APPOINTED COUNSEL
AND FEE SCHEDULE
(a) Appointed Counsel in Criminal Cases.
(1) Appointment of Public Defender. When a person who is subject to
misdemeanor or felony criminal investigation or charges requests and
qualifies for court-appointed counsel, the Federal Public Defender of the
District of Wyoming shall be immediately contacted by the Court to
represent the defendant.
(2) Appointment of Panel Attorneys. In the event a conflict in the
representation of a defendant by the Federal Public Defender exists, or for
appointment in matters initiated within the boundary of Yellowstone or Teton
National Parks, the Court may appoint panel attorneys, in accordance with
this Court’s Amended Plan pursuant to the Criminal Justice Act (CJA) of
1964 (hereinafter the “Plan”) to represent the defendant. The Plan is
available on the Court’s website at www.wyd.uscourts.gov.
(3 ) Appointment of Counsel in Sentence Reduction Proceedings. When
a defendant convicted in this District files a petition for sentence reduction
under 18 U.S.C. § 3582(c) and (d), and where appropriate, to file any motion
for sentence reduction the Court will determine, on a case by case basis,
whether to appoint counsel to indigent defendants.
(b) Duties of Appointed Counsel.
(1) Counsel appointed by the Court shall continue to serve until
representation is terminated, as provided by the Plan or by Court order.
(2) Appointed counsel shall report to the Court if counsel becomes
aware of any change in the defendant’s financial status where defendant
appears to be able to finance all or part of his or her representation.
(c) Termination of Appointment of Counsel
(1) In the event that a defendant in a criminal case is convicted following
trial or a plea, counsel appointed hereunder shall advise the defendant of
his or her right to appeal and the right of counsel on appeal. If requested to
do so by the defendant, counsel shall file a timely notice of appeal and shall
continue to represent the defendant unless or until relieved by the Court of
Appeals.
