SLR 4-4.109: ATTORNEY SUBSTITUTIONS AND WITHDRAWALS

(1) In all cases in which a substitution or withdrawal of counsel will result in the need for a court-appointed attorney, the substitution or withdrawal may only be done with court approval and by following the procedures in this section. Attorney changes within the same firm are exempt from this rule; however the attorney must file a Notice of Substitution. (a) In misdemeanor cases, substitution hearings must be scheduled on the CPC docket on the day designated for substitution regardless of the type of conflict at issue. Attorneys should consult the CPC rules regarding any applicable provisions. (b) For felony appointed cases assigned to Metropolitan Public Defender, Multnomah Defenders Incorporated, or a lawyer in the Portland Defense Consortium, if the attorney discovers an “actual” conflict of interest as defined in Oregon Rules of Professional Conduct (ORPC) 1.7, 1.9, or 1.10 related to representation of a current or former conflict, and the conflict is discovered within 30 days of appointment, the attorney may withdraw from representation administratively by contacting the Court’s Indigent Defense Coordinator, only after canvassing the other contractors to determine if another contractor can represent the client conflict free. If another contractor agrees to handle the matter, the withdrawal and substitution of counsel will be handled administratively without the need to schedule a hearing. (c) In all other circumstances, if the attorney or client is requesting either the withdrawal or substitution of counsel, the attorney shall, file a motion and declaration explaining the grounds for the request, and contact the judicial assistant for the Chief Criminal Judge to schedule the matter for a hearing. If the defendant is in custody, the attorney shall be prepared to provide the Court with the status of the defendant’s 60-day trial rights pursuant to ORS 136.290. If the defendant is out of custody, the defendant shall appear in person at the hearing, absent permission from the court. (d) If a retained attorney wishes to withdraw and client is requesting a court- appointed attorney, the retained attorney shall direct their client to the Indigent Defense Office to fill out an affidavit of indigency to determine their eligibility for a court-appointed attorney. The affidavit of indigency shall be completed prior to the hearing being scheduled. (2) For cases in which defendant is represented by a retained attorney and wishes to retain a substitute attorney, substitution may be achieved by filing a Notice of Substitution that complies with UTCR 3.140. The filing of a Notice of Substitution will not automatically cause an upcoming trial date to be cancelled. To request a change in a trial date, the attorney must make the appropriate request of the Presiding Judge at ex parte or at a scheduling conference.