Just like a defendant at trial, a defendant in a criminal appeal also has the right to retain private counsel if he or she can afford to do so. This can take the form of hiring an attorney from the outset of the appeal—which may be the only option for persons who do not qualify for appointed counsel but who want or need the help of an attorney. But even those defendants who are originally appointed an attorney on appeal can hire private counsel thereafter.
There are some limits to this general rule. Under the Idaho Appellate Rules, substitution of counsel can be made by filing a notice of substitution with the Idaho Supreme Court unless doing so would require any hearing or oral argument date to be vacated. If the substitution occurs after this point in time, and would require the oral argument date to be delayed or otherwise vacated, a defendant needs to first seek permission from the Idaho Supreme Court for the substitution of counsel, and can only appear as counsel for the defendant on appeal if the Idaho Supreme Court grants this request and enters an order allowing it. [xxxi]
Because of this, if you are a criminal defendant who has appointed counsel on appeal but are considering whether to hire private counsel, it may be worth taking steps to try to find the right attorney early on in the appellate process.