Appointed counsel in a civil forfeiture proceeding may not withdraw from the case without an investigation and submitted brief explaining why the attorney deems a client’s appeal not viable, a federal appeals court has ruled.
The U.S. Court of Appeals for the Second Circuit laid out the procedure for lawyers who seek to withdraw from representing the indigent in civil forfeitures in United States v. 777 Greene Ave., 08-5428-cv. The court applied to the civil case the procedure it requires of lawyers who want to withdraw from representing criminal defendants on appeal.
