Lempert

Petitioner Dennis Alan Lempert is the attorney for real party in interest Robert Hoyland Campell, who is a defendant in criminal proceedings pending in the superior court. Defendant Campbell was charged by felony complaint and retained Attorney Lempert to represent him through the preliminary examination but not for trial. Defendant was held to answer, and, at arraignment on the information, petitioner made a “special appearance” and advised the court that the matter should be referred to the public defender. The superior court refused to allow petitioner to withdraw because counsel had previously made a “general appearance,” and the court required counsel to file a formal motion to withdraw. After counsel filed the motion requested by the court, the superior court denied the motion to withdraw. Petitioner now seeks writ review of respondent court’s order denying the motion to withdraw. We agree with petitioner that respondent court erred by requiring a formal motion to withdraw at this stage of the proceedings and that respondent court abused its discretion in denying the motion to withdraw. Therefore, we will issue a peremptory writ in the first instance directing…