(a) The presiding judge shall fully examine the memoranda of law filed by counsel and the petitioner, together with any relevant portions of the records of prior trial court, appellate and postconviction proceedings. If, after such examination, the presiding judge concludes that the submissions establish that the petitioner’s case is wholly frivolous, such judge shall grant counsel’s motion to withdraw and permit the petitioner to proceed as a self-represented party. A memorandum shall be filed under seal setting forth the basis for granting any motion under Section 23-41.
Section 23-42.—Judicial Action on Motion for Permission To Withdraw Appearance
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule directs the presiding judge to review counsel's and the petitioner's memoranda and the case record before ruling on a motion to withdraw under Section 23-41, either granting withdrawal for a self-represented petitioner or appointing substitute counsel.
Full Text of Section 23-42
(b) If, after the examination required in subsection (a), the presiding judge does not conclude that the petitioner’s case is wholly frivolous, such judge may deny the motion to withdraw, may appoint substitute counsel for further proceedings under Section 23-41, or may allow the withdrawal on other grounds and appoint new counsel to represent the petitioner.
Amendment History
(P.B. 1978-1997, Sec. 529U.) (Amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2019, to take effect Jan. 1, 2020.)
Plain-English Summary
Once a motion for leave to withdraw is filed under Section 23-41, the presiding judge must fully examine the memoranda of law from both counsel and the petitioner, along with the relevant portions of the trial court, appellate, and postconviction records. If that examination shows the petitioner's case is wholly frivolous, the judge grants the motion and lets the petitioner continue as a self-represented party, and files a sealed memorandum explaining the basis for that decision.
If the judge is not persuaded the case is wholly frivolous, the judge has options: deny the motion to withdraw, appoint substitute counsel to handle further proceedings under Section 23-41, or allow withdrawal for other reasons and appoint new counsel to represent the petitioner.
Frequently Asked Questions
What does the presiding judge review before ruling on a habeas counsel withdrawal motion?
The memoranda of law filed by both counsel and the petitioner, along with relevant portions of the trial court, appellate, and postconviction proceeding records.
What happens if the judge agrees the habeas case is wholly frivolous?
The judge grants counsel's motion to withdraw, lets the petitioner proceed as a self-represented party, and files a sealed memorandum setting forth the basis for that decision.
What if the judge disagrees that the case is wholly frivolous?
The judge may deny the motion to withdraw, appoint substitute counsel for further proceedings under Section 23-41, or allow withdrawal on other grounds and appoint new counsel.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-42). 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
Also known as: judicial review of counsel withdrawal habeaspresiding judge frivolous habeas determinationsubstitute counsel habeas corpus CTself-represented petitioner after withdrawal23-41 withdrawal motion ruling