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§5.09 Withdrawal of Counsel

You may permit counsel to withdraw only for cause or if substitute counsel is appointed. [WIC §317(d); In re Ronald R. (1995) 37 CA4th 1186, 1194–1195.] Counsel should explain why he or she cannot proceed. [In re Malcolm D. (1996) 42 CA4th 904, 915.] At a noticed hearing, you may relieve a parent’s appointed counsel if the parent manifests no further desire for legal representation and, if present, makes a knowing and intelligent waiver of appointed counsel. [Janet O. v Superior Court (1996) 42 CA4th 1058, 1065–1067.] However, if it is reasonably probable that granting a parent's request for self-representation will lead to undue delay in the proceedings that would impair the child's right to a prompt resolution of custody, you have discretion to deny the request regardless of whether the parent has ever behaved disruptively. [In re A.M. (2008) 164 CA4th 914, 925–926.]


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© 2006 by Judicial Council of California
updated as of January 1, 2012