Section 150. Attorneys—Appearances and Withdrawals

A. Appearances.

1) Counsel for the juvenile shall file an entry of appearance with the clerk of courts promptly after being retained, and serve a copy on the attorney for the Commonwealth and the juvenile probation office.

a) If a firm name is entered, the name of the individual lawyer who is designated as being responsible for the conduct of the case shall be entered.

b) The entry of appearance shall include the attorney’s address, phone number, and attorney ID number.

2) When counsel is appointed pursuant to Rule 151 (Assignment of Counsel), the filing of the appointment order shall enter the appearance of appointed counsel.

B. Duration. Once an appearance is entered or the court assigns counsel, counsel shall represent the juvenile until final judgment, including any proceeding upon direct appeal and dispositional review, unless permitted to withdraw pursuant to paragraph (C).

C. Withdrawals.

1) Upon motion, counsel shall be permitted to withdraw only:

a) by order of the court for good cause shown; or

b) if new counsel has entered an appearance in accordance with paragraph (A).

2) A motion to withdraw shall be:

a) filed with the clerk of courts, and a copy concurrently served on the attorney for the Commonwealth and the juvenile; or

b) made orally on the record in open court in the presence of the juvenile.

Comment

Under paragraph (C), withdrawal is presumed when a court’s jurisdiction is terminated because the juvenile reaches the age of twenty-one. See 42 Pa.C.S. § § 6302, 6352.

Under paragraph (C)(1)(a), a court can terminate an attorney’s representation if there is good cause shown. The court should allow an attorney to withdraw from a case for good cause if the standards for termination of representation are met, as provided for in Pa.R.P.C. 1.16.

Under paragraph (C)(1)(b), because the attorney for the Commonwealth and the juvenile probation officer will be on notice of the identity of the new attorney, they should comply with the discovery requirements of Rule 340.

Under paragraph (C)(2), counsel is to file a motion to withdraw in all cases. Counsel’s obligation to represent the juvenile, whether as retained or appointed counsel, remains until leave to withdraw is granted by the court. See, e.g., Commonwealth v. Librizzi, 810 A.2d 692 (Pa. Super. Ct. 2002). The court is to make a determination of the status of the case before permitting counsel to withdraw. Although there are many factors considered by the court in determining whether there is good cause to permit the withdrawal of counsel, when granting leave, the court should determine if new counsel needs to be appointed, and that the change in attorneys will not delay the proceedings or prejudice the juvenile, particularly concerning time limits.

See also Rule 631 for termination of court supervision.

Under Rule 800, the Public Defender Act, 16 P. S. § 9960.1 et seq., was suspended only to the extent that the Public Defender Act conflicts with this rule and that separate counsel is to be appointed for juveniles when there is a conflict of interest. See Pa.R.P.C. Rules 1.7 and 1.9.

For admission pro hac vice, see Pa.B.A.R. 301.

Official Note

Rule 150 adopted April 1, 2005, effective October 1, 2005. Amended February 26, 2008, effective April 1, 2008. Amended December 10, 2013, effective February 10, 2014.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 150 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 150 published with the Court’s Order at 38 Pa.B. 1146 (March 8, 2008).

Final Report explaining the amendments to Rule 150 published with the Court’s Order at 43 Pa.B. 7547 (December 28, 2013).

The provisions of this Rule 150 adopted February 26, 2008, effective April 1, 2008, 38 Pa.B. 1146; amended December 10, 2013, effective February 10, 2014, 43 Pa.B. 7547. Immediately preceding text appears at serial pages (357285) to (357286).