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Arizona Appointment of and Authority to Pay Court-Appointed Counsel

State:
Arizona
Control #:
AZ-DC-254
Format:
PDF
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Description

Appointment of and Authority to Pay Court-Appointed Counsel

Arizona Appointment of and Authority to Pay Court-Appointed Counsel is a form used in the state of Arizona for the appointment of an attorney to represent a defendant in a criminal case. This form is used by the court to appoint an attorney to represent a defendant who cannot afford to hire an attorney, or to appoint an attorney for a juvenile or an adult who is incapable of participating in legal proceedings. The form is also used to authorize the court to pay the appointed attorney for legal services rendered. There are two types of Arizona Appointment of and Authority to Pay Court-Appointed Counsel: the Adult Appointment and Authority to Pay Court-Appointed Counsel, and the Juvenile Appointment and Authority to Pay Court-Appointed Counsel. Both forms are used to request the court to appoint an attorney to represent the defendant in criminal proceedings, and to authorize the court to pay the appointed attorney for legal services rendered.

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FAQ

LBR 2091-1(a) provides a procedure for an attorney to withdraw as counsel, and that withdrawal results in the client no longer being represented by an attorney. The former client is now considered to be a "Self-Represented Party". Sometimes a client agrees to become a Self-Represented party.

So if you don't like your court-appointed lawyer or disagree with how they are representing you, you have no right to substitute a different court-appointed lawyer. You can ask the court to provide you a different lawyer, but the court is not obligated to do so, and may reject your request.

Purpose: Attorneys can withdraw from a case by eFiling a Motion and Order to Withdraw as Counsel. After the clerk of court processes the document and enters a withdrawn date on the case, the attorney receives an email notification confirming withdrawal. This email contains a link to the signed, file-stamped order.

No private agreement or consent between parties or their attorneys concerning the practice or procedure in an action shall be of any force unless the evidence of it is in writing, subscribed by the party or the party's attorney against whom it is alleged.

An attorney appearing in a case or adversary proceeding may request to withdraw as counsel of record for his or her client. Unless a court order or Local Rule 2091-2 provides otherwise, an attorney must file a motion and obtain Court approval to be removed as counsel.

United States, 486 U.S. 153, 158 (1988) ( We have held that the Sixth Amendment secures the right to the assistance of counsel, by appointment if necessary, in a trial for any serious crime. ).

The lawyer has the option to withdraw if it can be accomplished without material adverse effect on the client's interests. The lawyer also may withdraw where the client insists on taking action that the lawyer considers repugnant, imprudent, or with which the lawyer has a fundamental disagreement.

More info

Read these instructions carefully before completing the form. Accuracy and thoroughness will aid in the prompt payment of the claim.Appointment Of And Authority To Pay Court Appointed Counsel Form. This is a Official Federal Forms form and can be use in Criminal Justice Act (CJA). To request placement on the Master Appointment List, you must complete both forms below. However, JAC lacks statutory authority to pay for appointment of cocounsel where lead counsel is privately retained. Will the attorney be paid for work on the case? No. JAC has no authority to pay for cases that have not been properly appointed. City, county or state governments may employ public attorneys on either a full-time or part-time basis3 or pay for private lawyers to provide representa-. Off-list and non-approved appointments must be paid for out of that judicial district's budget. h.

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Arizona Appointment of and Authority to Pay Court-Appointed Counsel