3. Explain the nature of any issues known to counsel which might be legitimately raised in the Petition for Post-Conviction relief, and the likelihood of a successful outcome on those issues; 4. Explain the time delays involved in Post-Conviction proceedings and the unlikelihood of obtaining a stay of the sentence pending the outcome; 5. Whenever possible, ensure that new counsel is assigned to review the record and prepare the petition. If there is an arguable claim of ineffective assistance of counsel, move to withdraw as counsel if assigned counsel or a member of assigned counsel’s agency or firm was counsel at the proceedings below; 6. Cooperate with counsel assigned to handle the Post-Conviction Relief proceedings. C. Other Post-Conviction Motions After the client is sentenced, counsel should: 1. File motions to vacate judgment and for modification of sentence, when grounds exist, within 60 of the entry of judgment and sentence pursuant to Rules of Criminal Procedure 24.2 and 24.3; 2. File motions for modification of probation in those instances where it is appropriate, pursuant to Rule 27.2 of the Rules of Criminal Procedure; 3. File motions for early termination of probation in those instances where it is appropriate, pursuant to Rule 27.3 of the Rules of Criminal procedure; 4. File motions to restore civil rights and set aside the conviction when and where appropriate pursuant to A.R.S. Secs. 13-905 to 912.01; 5. File motions for designation of Class 6 or other open-ended felonies as misdemeanors in a timely manner and where appropriate, pursuant to A.R.S. Sec. 13-702(G). D. Retention of Records Counsel or counsel’s agency or firm shall develop systems for retaining records of former clients for such a period of time a to ensure that the records are available for later judicial proceedings, or at a minimum until completion of the client’s sentence or term of probation. In developing retention systems counsel should consider: 1. The need to retain records of prior mental health status examinations; 2. The need to retain records of specific findings of the court relative to future proceedings such
40 as prosecution under the Sexually Violent Predators Act; 3. Any other information available to counsel which is beneficial to the client and may be unavailable from other agencies in the future.