Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Appellate Procedure topic
No spam. Unsubscribe anytime.
Panel debates when an attorney's trial-court appearance should end after notice of appeal
Summary
Proposal 25-01 would amend Rule 13 to state an attorney's period of representation continues until the time for filing a notice of appeal from final judgment; appellate groups urged clearer language that filing a notice of appeal should also terminate representation in many cases.
Justice Mary Kaye Rodford, speaking for the Appellate Administrative Committee, presented proposal 25-01 to amend Rule 13 so that an attorney's period of representation continues until the time for filing a notice of appeal from the final judgment; she said the committee approved the proposals without dissent.
The Appellate Lawyers Association (represented by Mr. Horvath) supported the general intent but urged clearer drafting to ensure that "once that notice of appeal gets filed, that's that's the end of the representation." ALA representatives said filing a docketing statement is commonly viewed as continuing an appellate appearance and asked the committee to clarify whether filing a notice (or filing a docketing statement) ends trial counsel's obligations. Committee members proposed language that would state an appearance "ends" rather than "continues" to provide more finality.
