(a) When counsel has been appointed pursuant to Section 23-26, and counsel, after conscientious investigation and examination of the case, concludes that the case is wholly frivolous, counsel shall so advise the judicial authority by filing a motion for leave to withdraw from the case.
Section 23-41.—Motion for Leave To Withdraw Appearance of Appointed Counsel
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule sets the procedure for appointed counsel in a habeas case to seek leave to withdraw after concluding, on conscientious investigation, that the case is wholly frivolous, including a sealed filing and the petitioner's right to respond.
Full Text of Section 23-41
(b) At the time such motion is filed, counsel for the petitioner shall also file all relevant portions of the record of the criminal case, direct appeal and any postconviction proceedings not already filed together with a memorandum of law outlining:
(1) the claims raised by the petitioner and any other potential claims apparent in the case;
(2) the efforts undertaken to investigate the factual basis and legal merit of each claim;
(3) the factual and legal basis for the conclusion that the case is wholly frivolous.
(c) Any motion for leave to withdraw and supporting memorandum of law shall be filed under seal and provided to the petitioner. Counsel shall serve opposing counsel with notice that a motion for leave to withdraw has been filed but shall not serve opposing counsel with a copy of the motion or any supporting memorandum of law. The petitioner shall have thirty days from the date the motion and supporting memorandum are filed to file a response with the court.
Amendment History
(P.B. 1978-1997, Sec. 529T.) (Amended June 22, 2009, to take effect Jan. 1, 2010.)
Plain-English Summary
When counsel has been appointed under Section 23-26 and, after conscientious investigation and examination of the case, concludes the case is wholly frivolous, counsel must tell the judicial authority by filing a motion for leave to withdraw. Along with that motion, counsel must file the relevant portions of the criminal case record, direct appeal, and any postconviction proceedings not already on file, plus a memorandum of law that lays out the claims raised (and any other potential claims apparent in the case), the efforts made to investigate the factual and legal basis of each claim, and the reasons counsel believes the case is wholly frivolous.
The motion and memorandum are filed under seal and given to the petitioner. Counsel must notify opposing counsel that the motion was filed but may not share the motion or memorandum itself. The petitioner then has thirty days from the filing to submit a response to the court.
Frequently Asked Questions
When can appointed counsel withdraw from a Connecticut habeas case?
When counsel, after conscientious investigation, concludes the petitioner's case is wholly frivolous, counsel must file a motion for leave to withdraw along with a supporting memorandum of law and relevant case records.
Does opposing counsel get to see the withdrawal motion?
No. The motion and memorandum are filed under seal and given only to the petitioner; opposing counsel receives notice that the motion was filed but not a copy of it.
How much time does the petitioner get to respond to a withdrawal motion?
Thirty days from the date the motion and supporting memorandum are filed.
What must counsel's memorandum of law address?
The claims raised by the petitioner and any other potential claims apparent in the case, the efforts made to investigate the factual and legal merit of each claim, and the basis for concluding the case is wholly frivolous.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-41). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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