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LR 83.39 Discharge of Assigned Counsel on Request of Party


Any party for whom counsel has been assigned shall be permitted to request the judge to discharge that counsel from the representation and to assign another. Such request shall be made promptly after the party becomes aware of the reasons giving rise to the request, or within such  additional period as may be permitted by the judge for good cause shown.

 

When such a request is supported by good cause, such as personal incompatibility or a substantial disagreement on litigation strategy between the party and assigned counsel, the judge shall forthwith issue an order discharging and relieving assigned counsel from further representation of the party in the action or appeal. Following the entry of such an order of discharge, the judge may in the judge’s discretion either enter or not enter a further order directing the assignment of another counsel to represent the party. Such assignment shall be made in accordance with the procedures set forth in LR 83.36.  In any action where the judge discharges assigned counsel but does not issue a further order of assignment, the party shall be permitted to proceed pro se.

In any action where a second counsel is assigned and subsequently discharged upon request of a party, no additional assignment shall be made except on a strong showing of good cause.

 

Amended May 24, 2013 and December 23, 2016


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