Minn. Juve. Prot. P. 36.05

As amended through October 28, 2024

Rule 36.05 - Withdrawal or Discharge of Counsel

An attorney representing a party in a juvenile protection matter, including a public defender, shall continue representation until such time as:

(a) all district court proceedings in the matter have been completed, including filing and resolution in district court of all post-trial motions under Rules 21 and 22;

(b) the attorney has been discharged by the client in writing or on the record;

(c) the court grants the attorney's motion for withdrawal, which may be ex parte, upon good cause shown; or

(d) the court approves the attorney's written substitution of counsel, which may be ex parte.

Minn. Juve. Prot. P. 36.05

Amended 9/1/2019.

2019 Advisory Committee Comment

Rule 36 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule was formerly codified as Rule 25. The amendments are not intended to substantively change the rule's meaning.

Rule 36.01 sets forth the basic principle that each person appearing in court has the right to be represented by counsel. Each person, however, does not necessarily have the right to court-appointed counsel as described in Rule 36.02. Rule 36.02, subd. 4 reiterates the court's statutory responsibility to inquire into a child's preferences regarding the proceedings when the child is not represented by counsel.

Former Rule 25.03 governed reimbursement for the costs of court-appointed counsel, and has been moved to Rule 36.02, subd. 3 for clarity. Former Rule 25.02, subd. 3 governed appointment of counsel for guardians ad litem, and has been removed because counsel for guardians ad litem are now provided by the Minnesota State Guardian ad Litem Program.

Pursuant to Rule 36.05(a), courts should not discharge counsel until there has been an opportunity to file and resolve post-trial motions. The Minnesota Court of Appeals has held that counsel should not be discharged before proceedings have concluded. See, In re M.L.A., 730 N.W.2d 54, 62 (Minn. Ct. App. 2007).