Posted: September 3, 2004
Utah Rules of Juvenile Procedure
URJP 53. Appearance and withdrawal of counsel. Amend. Requires written motion for substitution of counsel at least ten days prior to the next scheduled hearing.
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Posted: September 3, 2004
URJP 53. Appearance and withdrawal of counsel. Amend. Requires written motion for substitution of counsel at least ten days prior to the next scheduled hearing.
The proposed rule is fine so far as it goes. It does not deal with a problem that should be dealt with if the rule is going to be revisited and revised.
Over the years counsel of record have been presented with the difficult choice of either remaining on a case where they should (for any of a variety of reasons) withdraw or presenting their reasons for withdrawl both in writing as a part of a Motion supported by a Memorandum and supplemented by such argument as the Court may wish to hear or just remain as counsel. Many times lawyers have chosen to remain as counsel in a bad situation rather than disclosing to opposing counsel and their parties the reasons for withdrawl which would tend to disclose a roadmap for those counsel and parties to win the case. A lawyer should not have to make the best of two bad choices.
The rule should provide that the Judge has authority to conduct an in camera interview with the counsel who seeks to withdraw. The Judge could then rule as to whether or not the stated reasons justifies the withdrawl without risking significant damage to the cause of the party whose counsel seeks to withdraw.
To maintain consistency in language choice, replace unless otherwise allowed by the judge with “unless otherwise allowed by the court.”