§ 23-42. Habeas Corpus--Judicial Action on Motion for Permission to Withdraw Appearance

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§ 23-42. Habeas Corpus--Judicial Action on Motion for Permission to Withdraw Appearance

(a)The presiding judge shall fully examine the memoranda of law filed by counsel and the petitioner, together with any relevant portions of the records of prior trial court, appellate and post-conviction proceedings. If, after such examination, the presiding judge concludes that the submissions establish that petitioner's case is wholly frivolous, such judge shall grant counsel's motion to withdraw and permit the petitioner to proceed pro se. A memorandum shall be filed setting forth the basis for granting any motion under Section 23-41.

(b)If, after the examination required in subsection (a), the presiding judge does not conclude that the petitioner's case is wholly frivolous, such judge may deny the motion to withdraw, may appoint substitute counsel for further proceedings under Section 23-41, or may allow the withdrawal on other grounds and appoint new counsel to represent petitioner.