§ 35-36-8-2 — Withdrawal by counsel; grounds; time limit; restriction

Indiana § 35-36-8-2

• Jurisdiction: Indiana
• Art. 36: PRETRIAL NOTICES, MOTIONS, AND
• Ch. 8: Omnibus Date, Pretrial Hearing, and Pretrial Conference

Text

(a) Counsel for a defendant charged with a
felony or misdemeanor may withdraw from the case for any reason,
including failure of the defendant to fulfill an obligation with respect
to counsel's fee, at any time up to thirty (30) days before the omnibus
date.
(b) However, the court shall allow counsel for the defendant to
withdraw from the case at any time within thirty (30) days of, and at
any time after, the omnibus date if there is a showing that:
(1) counsel for the defendant has a conflict of interest in
continued representation of the defendant;
(2) other counsel has been retained or assigned to defend the case,
substitution of new counsel would not cause any delay in the
proceedings, and the defendant consents to or requests
substitution of the new counsel;
(3) the attorney-client relationship has deteriorated to a point such
that counsel cannot render effective assistance to the defendant;
(4) the defendant insists upon self representation and the
defendant understands that the withdrawal of counsel will not be
permitted to delay the proceedings; or
(5) there is a manifest necessity requiring that counsel withdraw
from the case.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.40-1990, SEC.56.