§ 23-41. Habeas Corpus--Motion for Leave to Withdraw Appearance of Appointed Counsel
§ 23-41. Habeas Corpus--Motion for Leave to Withdraw Appearance of Appointed Counsel
(a)When counsel has been appointed pursuant to Section 23-26, and counsel, after conscientious investigation and examination of the case, concludes that the case is wholly frivolous, counsel shall so advise the judicial authority by filing a motion for leave to withdraw from the case.
(b)At the time such motion is filed, counsel for the petitioner shall also file all relevant portions of the record of the criminal case, direct appeal and any post-conviction proceedings not already filed together with a memorandum of law outlining:
(1) the claims raised by the petitioner and any other potential claims apparent in the case;
(2) the efforts undertaken to investigate the factual basis and legal merit of each claim;
(3) the factual and legal basis for the conclusion that the case is wholly frivolous.
(c)Any motion for leave to withdraw and supporting memorandum of law shall be filed under seal and provided to the petitioner. Counsel shall serve opposing counsel with notice that a motion for leave to withdraw has been filed but shall not serve opposing counsel with a copy of the motion or any supporting memorandum of law. The petitioner shall have thirty days from the date the motion and supporting memorandum are filed to file a response with the court.