Thursday, September 21, 2006

This will cause problems

Section 809.32 gives court-appointed appellate counsel three (and only three!) options if an appeal would be frivolous: close the case; withdraw so the client can proceed pro se or with retained counsel; or file a no-merit brief.

Nevertheless, the court of appeals held that the client has a right to refuse the no-merit option and to direct his attorney not to file a no-merit brief, and said it would violate the rules of professional responsibility if the attorney does so anyway.

Update: Today, Sept. 26, the court reissued the decision, adding a footnote stating that the current text of sec. 809.32 was not in effect in 1996, when the defendant's attorney moved to withdraw as counsel. So the court's decision apparently does not apply to attorneys currently representing indigent clients on appeal.