Main menu

Idaho Criminal Rule 44.1. Withdrawal and Substitution of Counsel.

(a) No attorney may withdraw as an attorney of record for any defendant in any criminal action without first obtaining leave and order of the court upon notice to the prosecuting attorney and the defendant except as provided in this rule. Leave to withdraw as the attorney of record for a defendant may be granted by the court for good cause.


(b) When an attorney is being or has been appointed to represent a defendant in any criminal action, the court may provide in the order of appointment that the attorney’s representation of the defendant shall be automatically withdrawn, without leave of the court, upon the occurrence of any specified events or the expiration of a specified period of time.


(c) Provided, an attorney may withdraw at any time after the dismissal of the complaint or information, the acquittal of the defendant, or the entry of a judgment of conviction and sentence; but in the event of conviction an attorney may not withdraw without leave of the court until the expiration of the time for appeal from the judgment of conviction. Notice of the return of service of an arrest warrant for a probation violation must be served by the court upon counsel of record if counsel has not withdrawn from representation pursuant to this rule. 


(d) The attorney of record of a party to an action may be changed or a new attorney substituted by notice to the court and to all parties signed by both the withdrawing attorney and the new attorney without first obtaining leave of the court.  If a new attorney appears in an action, the action shall proceed in all respects as though the new attorney of record had initially appeared for that party, unless the court finds good cause for delay of the proceedings.



(Adopted December 27, 1979, effective July 1, 1980; amended March 17, 2006, effective July 1, 2006; amended February 25, 2016, effective February 25, 2016.)


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton

Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey



Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?