CHARLES MILLER JR., Magistrate Judge
On April 3, 2007, the government filed a Motion for Hearing to Address Attorney Representation. According to the government, it recently advised that the Defendant has retained new defense counsel (attorney Michael Ward) who has yet file a notice of appearance. Understandably, it seeks clarification regarding the Defendant's representation given that his trial is scheduled for May 1, 2007.
Local Rule 79.1(D)(2) provides that "[n]o attorney, except an attorney appointed to represent a defendant financially unable to obtain adequate defense counsel, may appear for a defendant in a criminal case until that attorney has filed with the clerk a written appearance, giving the name and address of the attorney and the name and address of the client." Local Rule 79.1(D)(4) provides that "an attorney cannot withdraw from any case, civil or criminal until the attorney has serviced notice of withdrawal on opposing counsel and the client, has filed the notice and proof of service with the court, and the court has entered an order authorizing the withdrawal."
Attorney Carl Flagstad was retained by the Defendant, appeared on the Defendant's behalf at the initial proceedings, and is presently defense counsel of record. If the Defendant has indeed retained new counsel, Mr. Flagstad should file a notice of withdrawal as required by Local Rule 79.1(D)(4). It should be noted, however, that the court is not inclined to grant Mr. Flagstad leave to withdraw unless and until Mr. Ward files a notice of appearance as required by Local Rule 79.1(D)(2).
The court shall hold the government's motion in abeyance pending receipt of the aforementioned notices. The clerk is directed to provide Mr. Ward with a copy of this of this order.
IT IS SO ORDERED.