It’s high time to finish off Finley motions

Better Practice

By Evan S. Bruno

Evan S. Bruno is a law clerk for Justice Robert J. Steigmann of 4th District Appellate Court. He is also a member of the Illinois State Bar Association’s Standing Committee on Government Lawyers and Human Rights Section Council. He can be reached at evanbruno@evanbruno.com.

Posted January 29, 2015 2:58 PM

What do you call a motion to withdraw as counsel on appeal in a post-conviction proceeding? If you’re in Illinois, chances are you know this as a Finley motion. When appointed counsel on appeal — usually an attorney from the state appellate defender’s office — moves to withdraw because the appeal is frivolous, he or she will file a “motion to withdraw and brief in support pursuant to Pennsylvania v. Finley, 481 U.S. 551 (1987).” The appellate court will often grant such a motion …

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