MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary, Division A

By: Senator(s) Walls

Senate Bill 2892

AN ACT TO PROVIDE FOR WITHDRAWAL FROM REPRESENTATION OF A CRIMINAL DEFENDANT UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Upon proper application to the appropriate court of jurisdiction, a privately retained attorney who has represented a criminal defendant at the trial level shall be granted leave to withdraw as counsel of record for a defendant who has declared indigency or who refuses to pay the attorney's fees and/or costs and shall not be required to represent such a defendant on appeal or for post-conviction matters.  Under no circumstances shall an attorney be required to personally bear the costs for handling any matter for a criminal defendant simply because the attorney previously agreed to represent the defendant or has entered an appearance in court.

     SECTION 2.  This act shall take effect and be in force from and after its passage.