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A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant.
[61] The First Circuit does the same, but also holds attorneys to the rules of conduct for the state "in which the attorney is acting at the time of the misconduct" as well as the rules of the state of the court clerk's office. [62] Because federal district courts sit within a single state, many use the professional conduct rules of that state.
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
Sixty-one years ago, the U.S. Supreme Court decided Gideon v. Wainwright , ruling unanimously that criminal defendants in state courts had the right to the assistance of counsel guaranteed by the ...
The Iowa Supreme Court is being asked to consider, again, if state courts can bill poor defendants for their court-appointed lawyers, even when they're acquitted or the charges against them are ...
The right to court-appointed counsel only exists after charges are brought. Following arrest a suspect is entitled to one free visit from a duty lawyer who will provide legal advice, explain the law and procedures involved, and contact the suspect's family, but the suspect must pay for further assistance from the attorney. Suspects are not ...
If experienced attorneys continue to drop off the state's lists of court-appointed lawyers, “it will certainly create some hardships for the criminal justice system,” said Superior Court Judge ...
The State Bar of California is an administrative division of the Supreme Court of California which licenses attorneys and regulates the practice of law in California. [2] It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially ...
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