Anders v. California, 386 U.S. 738, 744 (1967), states the obligations of court appointed counsel faced with a meritless appeal:
His role as advocate requires that he support his client's appeal to the best of his ability. Of course, if counsel finds his case to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. A copy of counsel's brief should be furnished the indigent and time allowed him to raise any points that he chooses; the court -- not counsel -- then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous.
Anders requires that counsel (1) conduct a conscientious examination of the record and (2) file a brief referring to anything in the record that might support the appeal. Penson v Ohio, 488 U.S. 75 (1988). Accordingly, counsel must order the complete record transcribed, including: pre-trial, trial, guilty plea, and sentencing proceedings. It is not necessary to order arraignments, bail hearings, voir dire, or opening and closing arguments unless those portions of the record might support an arguable issue on appeal. Under Anders, a brief that states only that there are no arguable issues will be deemed insufficient; rather, the brief must point to anything in the record that might arguably support an appeal.
The brief must cite Anders and must indicate that a copy of the brief was sent to the defendant and that the defendant was informed of the right to raise any additional issues within a reasonable time. The court, in turn, will notify the defendant of the time within which the defendant may raise these additional arguments.
If the defendant in an Anders case required the services of an interpreter in the district court, appellate counsel should arrange for an interpreter or translator to assist in explaining the Anders process. This should be done by filing a motion asking the court to approve translator or interpreter services under the CJA and by providing an estimate of the total cost of such services. Counsel must also determine whether the defendant wishes to file a pro se supplemental brief and, if so, ask the court to approve an additional amount for translator or interpreter services to translate the brief to English for filing. If the defendant does not wish to file a pro se supplemental brief, counsel should inform the court of this fact.
When filing the Anders brief, counsel must also provide a certificate stating that the brief has been served on the defendant and the defendant advised of his rights. The court has provided a form for this purpose: