Miss. R. Youth Ct. Prac. 14

As amended through October 22, 2024

Rule 14 - Attorney of Record / Withdrawal of Counsel

(a) Appointment of counsel in delinquency and children in need of supervision matters. In delinquency and children in need of supervision matters, the youth court shall appoint legal counsel to represent indigent children at all critical stages, which include, but are not limited to, detention, adjudicatory, and disposition hearings and parole and probation revocation proceedings.

(b) Entry of appearance. An attorney shall be deemed of record when the attorney appears personally before the court, files a written entry of appearance, or has been appointed by the court. Once an attorney is deemed of record that attorney shall continue to represent the party in all proceedings pertaining to the case except upon a withdrawal of counsel as set forth in Rule 14(c). After an entry of appearance, counsel shall be served with copies of all subsequent pleadings, motions and notices required to be served on the party which counsel represents.

(c) Withdrawal of counsel. An attorney who has made an entry of appearance shall not be permitted to withdraw from the case until a timely appeal, if any, has been decided, except by leave of the court after a notice of withdrawal has been served on the party which counsel represents.

Comments & Procedures

Rule 14.

This rule comports with the statutory procedures. See Miss. Code Ann. § 43-21-201(4) (2008). It is not to be construed to extend or limit the right to counsel under the Mississippi Youth Court Law.

Qualifications for attorneys appointed to delinquency cases.

Miss. Code Ann. § 43-21-201(3)provides:

An attorney appointed to represent a delinquent child shall be required to complete annual juvenile justice training that is approved by the Mississippi Judicial College or the Mississippi Commission on Continuing Legal Education. The Mississippi Judicial College and the Mississippi Commission on Continuing Legal Education shall determine the amount of juvenile justice training and continuing education required to fulfill the requirements of this subsection. The Administrative Office of Courts shall maintain a roll of attorneys who have complied with the training requirements and shall enforce the provisions of this subsection. Should an attorney fail to complete the annual training requirement or fail to attend the required training within six (6) months of being appointed to a youth court case, the attorney shall be disqualified to serve and the youth court shall immediately terminate the representation and appoint another attorney. Attorneys appointed by a youth court to five (5) or fewer cases a year are exempt from the requirements of this subsection.

Miss. R. Youth Ct. Prac. 14

The Uniform Rules of Youth Court Practice were revised by order entered 7/17/2012.