Del. Sup. Ct. R. 26 (2026)

Rule 26. Appeals in criminal and juvenile delinquency cases. (a) Continuing obligation of and representation by counsel. Until this Court orders otherwise, every attorney who (1) represented a criminal defendant or delinquent child at the time of sentencing, whether privately retained, court appointed, or provided by the Office of Defense Services or (2) was appointed by the trial court to represent a criminal defendant or delinquent child at State expense in postconviction proceedings, unless such attorney was permitted to withdraw under the trial court’s rules, shall continue to represent the client on appeal. Such attorney shall: (i) Advise client. Advise the client of any right to appeal, the possible grounds for appeal, and counsel’s opinion of the probable outcome of an appeal; (ii) Docket appeal. Docket an appeal if the client informs the attorney, within the thirty-day period for taking an appeal, that the client desires to appeal, whether or not the appeal appears meritorious; and (iii) Prepare documents. Prepare and file all documents relating to the appeal, including those relating to the transcript as required by