If the court appoints an attorney to defend you in your case, don t sweat it; put him through the mill. Bear I, _________________, move this Court to dismissMessage 1 of 1 , Oct 31, 2004View Source
If the court appoints an attorney to defend you in your case, don’t sweat it; put him through the mill. Bear
I, _________________, move this Court to dismiss ______________ as my attorney on the following basis:
1. Todd=s performance at the suppression hearing indicates that he had not taken time to prepare and master the facts of the case. This can be determined by reading the motion to suppress that was filed and attached e-mails (EM) EM-1,2, & 2.5 and comparing those with the testimony adduced at the hearing . I also note that Todd told me that he might have a conflict in Loveland County Court and might not be there but that he would let me know. He never called me to tell me he would or wouldn=t be there.
2. At the suppression hearing for this case I had to remind Todd to object to preserve the speedy trial issue.
2. Then the date for trial was reset with a delay attributable to the People without objection from Todd in chambers.
3. I=ve asked him if there is a possibility that a continuance of this nature could result in a dismissal without having to go to trial on the speedy trial issue. See EM-3. Todd has never responded in any way to that question.
4. Todd did call me late afternoon (possibly 6:00 p.m.) Thursday, July 6th, when there was until Monday, July 10th remaining in which to file motions. In that conversation, I complained to Todd that Investigator Landolt had lied about seeing me come out of the house and get in the car because the car was never parked on the street and that I could prove that. He told me to get him the evidence and that he would prepare what he called an Aoffer of proof.@ Ostensibly, this was to be filed on the next Monday, the deadline that had been set by this Court for filing motions. I e-mailed Todd on that Monday and explained that I was feeling under the weather and had spent the last three days mostly in bed. See EM-6. I asked him if we could file a motion for expansion of time. Id. He never responded. I prepared and filed a motion for expansion of time and told him that I did. See EM-5. I also asked him again about the speedy trial issue. Id. He never responded. This Court gave me an expansion of time after having been notified that I hadn=t heard from him. I got to feeling better and went and interviewed the neighbors, etc., and sent the statements to him in the e-mail along with other statements that he could use in the motion. See EM-7,8,9, & 10. He has never responded. Today is the last day for filing motions and to my knowledge he has nothing prepared to be filed. He has not asked me if the expansion has been granted or for how long. He has not contacted me about attaching the original, signed witness statements to anything he might have prepared.
5. At the conclusion of both Todd=s and my first appearance before this Court the two of us met out in the hall. I had copies of quite a bit of stuff that had not been filed with the court that might be needed in the future that I gave him. He did not have a copy of the suppression motion that I filed in this instant case. I had not made a copy for him. I suggested that we go across the street to Kinko=s and make him a copy. He wanted to take my copy to his office and make it there so he wouldn=t have to pay. I let him when he agreed to send me my copy back in the mail. He also took my copy of the ticket that had Officer Vail=s notes on the back. He has never returned either to me. I sent him e-mails asking him to do so. See EM-7, 3rd para. and EM-9. He hasn=t done it. I called his office and talked to his assistant, Lynette, more than a week ago. I asked her to return my copies and find out what was happening on my case. She told me that she would pull the file, talk to Todd, and get back to me. She has not done either as of this writing.
6. I think that Todd relaxed when he learned that there were three other trials scheduled on the same day as mine. He told me, AThey have bigger fish to fry.@ I told him that we were going to trial. See EM-5. Yet, he has not responded to that in any way.
7. I keep waiting for Todd to get involved in my defense in a constructive way and have done my best to cooperate with what he wants to do. However, I think that his conduct has become violative of two, and possibly more, sections of the rules governing his conduct:
Rule 1.3.Diligence A Lawyer shall act with reasonable diligence and promptness in representing a client. A lawyer shall not neglect a legal matter entrusted to that lawyer.
Rule 1.4.Communication (a)A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. (b)A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Wherefore, unfortunately, I move this Court to appoint new counsel that will aggressively pursue my defense and communicate with me about my case.