Mandatory appellate appointments are made in the following types of cases (see § 230.23.20
for case compensation limits):
- Appeals from felony or class A misdemeanor convictions
- Appeals from juvenile delinquency adjudications
- Appeals in 28 U.S.C. § 2254 or 2255 cases challenging capital convictions
- Government appeals from the grant of 28 U.S.C. § 2254 or 2255 relief
- Supervised release revocation appeals
- Bail appeals
- Appeals from mental condition hearings
- Interlocutory government appeals from suppression of evidence
- Cases involving a potential loss of liberty in which the Sixth Amendment or federal law requires appointment of counsel
In mandatory appointment cases, the court automatically appoints counsel who represented the defendant in the district court to continue that representation on appeal, except that district court counsel is not automatically appointed in any of the following situations:
- Counsel has moved to withdraw based upon his or her professional judgment that appointment of new counsel on appeal is in the best interests of the client and consistent with counsel's professional skills and obligations. Motions to withdraw should be filed in the court of appeals and may be filed in paper form if counsel is not a member of the bar or registered for electronic filing.
- The defendant is claiming ineffective assistance of counsel in the district court.
- The notice of appeal was filed pro se and out of time.
If appointment of new counsel on appeal is required, counsel is appointed in rotation from the court's CJA Panel