Rule 16 - Trial Counsel's Duties with Regard to Appeal(a)(i) Trial counsel, whether retained or court-appointed, shall continue to represent a convicted defendant throughout any appeal to the Arkansas Supreme Court or Arkansas Court of Appeals, unless permitted by the trial court or the appellate court to withdraw in the interest of justice or for other sufficient cause. (ii) If no notice of appeal of a conviction has been filed with the trial court, the trial court shall have exclusive jurisdiction to relieve counsel and appoint new counsel. A motion filed with the trial court to be relieved as counsel or a motion to the trial court for appointment of counsel shall clearly state that no notice of appeal has been filed with the trial court. (iii) If a notice of appeal of a conviction has been filed with the trial court, the appellate court shall have exclusive jurisdiction to relieve counsel and appoint new counsel. A motion filed with the appellate court to be relieved as counsel or a motion filed with the appellate court for appointment of counsel shall clearly state that a notice of appeal has been filed with the trial court and shall further state the date on which the notice of appeal was filed.(b) If court appointed counsel is permitted to withdraw in the interest of justice or for other sufficient cause in a direct appeal of a conviction or in an appeal in a postconviction proceeding under Ark. R. Crim. P. 37.5, new counsel shall be appointed promptly by the court exercising jurisdiction over the matter of counsel's withdrawal.(c) If court appointed counsel is permitted to withdraw in the interest of justice or for other sufficient cause from an appeal in a postconviction proceeding other than a postconviction proceeding under Ark. R. Crim. P. 37.5, new counsel may be appointed in the discretion of the court exercising jurisdiction over the matter of counsel's withdrawal.(d) If pursuant to Ark. Code Ann. § 16-13-506(b), the state has paid the court reporter for the transcript that is filed as part of the record with the appellate court and the defendant thereafter moves to substitute retained counsel for appointed counsel, the court may, as a condition of granting the motion, require the defendant to reimburse the state for the cost of the transcript.Adopted and amended July 10, 1995, effective 1/1/1996; amended January 13, 2000; amended December 12, 2002; amended February 22, 2007; amended May 27, 2010, effective 7/1/2010.Reporter's Notes, 2010
Prior to the 2010 amendments, jurisdiction to relieve or appoint counsel turned on whether a notice of appeal had been filed with the trial court. The 2010 amendments added the requirement that a motion to be relieved as counsel or a motion for appointment of counsel must clearly state whether or not a notice of appeal has been filed with the trial court. Such a statement enables a court to determine that it has jurisdiction to grant or deny the motion.