Motion to Withdraw As Appellate Counsel

1

No.COA ______DISTRICT

NORTH CAROLINA COURT OF APPEALS

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IN RE:)

)From County

INITIALS) J

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MOTION TO WITHDRAW AS APPELLATE COUNSEL

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TO THE HONORABLE NORTH CAROLINA COURT OF APPEALS:

Pursuant to Rule 37 of the North Carolina Rules of Appellate Procedure, undersigned counsel respectfully moves this Court to withdraw from representing Respondent-appellant ______on appeal. In support of this motion, counsel shows the following:

1.On [DATE],the trial court entered an order that [adjudicated, disposed, changed custody, terminated rights]. Respondent was determined to be indigent, the Appellate Defender was appointed, and the Appellate Defender appointed undersigned counsel to represent Respondent on appeal.

2.On [DATE], counsel timely filed the settled record on appeal in this Court. Respondent’s opening brief, the DSS and GAL’s brief, and Respondent’s reply brief were timely filed in this Court on [DATES], respectively.

3.Respondent no longer wishes for counsel to represent him/her on appeal. Respondent is dissatisfied with counsel’s representation because counsel did not argue on appeal several issues concerning the evidence from the trial. In counsel’s opinion, these were issues of credibility for the judge. In addition, Respondent is dissatisfied because counsel filed a no-merits brief pursuant to Rule 3.1(d).

4.Pursuant to North Carolina Rule of Conduct 1.16(a)(3), an lawyer must move to withdraw from representation if their client wishes to discharge them.

WHEREFORE, for the above reasons, counsel respectfully requests that this Court allow the motion to withdraw, and that this Court reappoint the Appellate Defender to represent Respondent on appeal.

This is the ______day of ______, 20____.

Respectfully submitted,

Electronically submitted

Attorney Name

Bar No.

Attorney for ______

Address

Phone Number

E-mail Address

certificate of filing and service

The undersigned hereby certifies that they electronically filed and served the foregoing Appellant’s Motion to Withdraw as Counsel per Rule 26(c) upon the Office of the Clerk of the North Carolina Court of Appeals and the parties or their counsel of record by uploading and by e-mailing said document to the following e-mail addresses stated below or placing in a pre-paid U.S. Mail receptacle where no e-mail address was available, as follows:

Dan Horne, Clerkelectronic filing site

North Carolina Court of Appeals

P.O. Box 2779

Raleigh, NC 27602

Glenn

Appellate Defender

c/o Annick Lenoir-Peek

123 West Main Street, Suite 308

Durham, NC 27701

Include the names and addresses of all other counsel.

This the ____ day of ______, 20___.

Electronically submitted

Name of Attorney