Section 4 - Selection of counsel; duration of assignment; right of appeal(a) When the court is required to assign counsel a person shall not have the right to select the attorney to be assigned. Such selection shall be the exclusive responsibility of the court concerned. (b) When either the public defender has been notified or counsel assigned by the court, the responsibility for the representation shall continue until final disposition of the case unless the attorney is relieved by (i) the Defender General, (ii) the trial court making the appointment or by the Supreme Court on appeal or (iii) the denial of the application for the assignment of appellate counsel. Immediately upon assignment by the concerned court, an attorney not under contract with the Defender General shall notify the Defender General, in writing, of the appointment and shall include in this notification the client's name, the charge against the client, and the docket number of the case. (c) In the event a client is adversely affected by the result of a judgment after trial or plenary hearing, the public defender or assigned counsel shall advise the client of the right to appeal. The responsibility for filing notice of appeal shall rest with the trial counsel. Immediately at the conclusion of the case assigned counsel shall notify the Defender General, in writing, concerning whether the case is to be appealed. (1) An appeal from a proceeding under Chapters 51-53 of Title 33 is not considered a separate proceeding and thus does not require a separate application for the services of appellate counsel at state expense to be filed with a copy of the Notice of Appeal in the trial court in accordance with § 5 of this Order. (2) In all other matters, application for the services of appellate counsel at state expense shall be filed with a copy of the Notice of Appeal in the trial court in accordance with § 5 of this Order. A copy of the application shall be filed with the Notice of Appeal in the Supreme Court. Assignment of trial counsel shall continue until the application is ruled upon. A decision on the application shall be made within 5 days of the filing of the application. The trial court clerk shall immediately send a copy of the decision to the applicant, trial counsel and the Supreme Court by first class mail. The transcript order shall be filed with the Supreme Court within 10 days of notice of the final decision on the application for the services of appellate counsel at state expense. Vt. Admin. Ord. Of. Sup. Ct. 4
Amended May 19, 1982, eff. 7/1/1982; 6/25/1992, eff. 7/1/1992; 1/21/1993, eff. 4/19/1993; 6/16/1993, eff. 7/1/1993; 5/5/1998, eff. 7/1/1998; 6/17/2009, eff. 5/28/2009; 2/24/2010, eff. 4/26/2010.