Opinion
Case No. 12-CR-00154 JAM
10-14-2015
UNITED STATES OF AMERICA, Plaintiff, v. YASIR MEHMOOD, Defendants.
JENNIFER C. NOBLE, ESQ., CSBN 256952 WISEMAN LAW GROUP, P.C. 1477 Drew Avenue, Suite 106 Davis, California 95618 Telephone: 530.759.0700 Facsimile: 530.759.0800 Advisory Counsel for Defendant YASIR MEHMOOD
JENNIFER C. NOBLE, ESQ., CSBN 256952
WISEMAN LAW GROUP, P.C.
1477 Drew Avenue, Suite 106
Davis, California 95618
Telephone: 530.759.0700
Facsimile: 530.759.0800
Advisory Counsel for Defendant
YASIR MEHMOOD
MOTION TO WITHDRAW AND TO APPOINT NEW ADVISORY COUNSEL
JENNIFER C. NOBLE will move, and hereby does move, to withdraw as advisory counsel of record for pro se defendant YASIR MEHMOOD in the above-captioned case. Advisory counsel brings this motion on the grounds that she will no longer be practicing criminal law and will be beginning a new position in another field, and therefore will be unable to devote the time and resources to this case.
"An attorney may not withdraw as counsel except by leave of court." Darby v. City of Torrance, 810 F. Supp. 275, 276 (C.D. Cal. 1992). Under 18 U.S.C. § 30o6A(c), a court may "in the interests of justice, substitute one appointed counsel for another at any stage of the proceedings." United States v. McDaniel, 995 F. Supp. 1095, 1096 (C.D. Cal. 1998). Permission to withdraw is discretionary. See United States v. Carter, 560 F.3d 1107, 1113 (9th Cir. 2009); Washington v. Sherwin Real Estate, Inc., 694 F.2d 1081, 1087 (7th Cir. 1982).
In ruling on a motion to withdraw, courts have considered: "1) the reasons why withdrawal is sought; 2) the prejudice withdrawal may cause to other litigants; 3) the harm withdrawal might cause to the administration of justice; and 4) the degree to which withdrawal will delay the resolution of the case." CE Res., Inc. v. Magellan Group, LLC, 2009 U.S. Dist. LEXIS 100776, *4-5 (E.D. Cal. Oct. 14, 2009)
In addition, attorneys seeking to withdraw must comply with the standards of professional conduct required of members of the State Bar of California. Under the California Rules of Professional Conduct, withdrawal may be appropriate if the tribunal will find the existence of good cause for withdrawal. California Rules of Professional Conduct, Rule 3-700(C)(6). In withdrawing, a member of the California bar must take reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, and allowing time for employment of other counsel. California Rules of Professional Conduct, Rule 3-700(A)(2).
Undersigned advisory counsel believes that the fact that she will no longer be practicing in this area of law, and therefore no longer have the time or resources to devote to Mr. MEMOOD's case, is good cause for withdrawal. In making this motion, undersigned advisory counsel is attempting to take reasonable steps to give Mr. MEHMOOD due notice and to ensure that Mr. MEHMOOD has reasonable time for obtaining other advisory counsel, if he should so desire.
At this stage in the proceedings, the only scheduled court date is an evidentiary hearing set for November 10, 2015. No trial date has yet been scheduled. Undersigned advisory counsel is unaware of any prejudice to either party, or of any unnecessary delay that could result from her withdrawal.
It is requested, both by undersigned advisory counsel and by YASIR MEHMOOD that this matter be resolved without a hearing, and that new advisory counsel be immediately appointed. This would allow for Mr. MEHMOOD to avoid unnecessary transfers for this matter, and to further ensure no unnecessary delay in his proceedings.
Attorney J. Toney has agreed to become advisory counsel for Mr. MEHMOOD and requests that the court appoint him as advisory counsel.
CONCLUSION
For the above mentioned reasons, therefore, JENNIFER C. NOBLE thereby requests this court to grant her request to withdraw as advisory counsel, and for new advisory counsel to be appointed. Dated: September 9, 2015
Respectfully submitted,
WISEMAN LAW GROUP, P.C.
By: /s/ Jennifer C. Noble
JENNIFER C. NOBLE
Advisory Counsel for Defendant
YASIR MEHMOOD
I understand that my advisory counsel, JENNIFER C. NOBLE, is requesting to withdraw from my case. If this is granted, I request that new advisory counsel be immediately appointed on my behalf. I also request that this matter be resolved without a hearing.
By: /s/_________
YASIR MEHMOOD
Signature on file
I accept appointment as advisory counsel for defendant YASIR MEHMOOD.
By: /s/ J Toney
J TONEY
ORDER
UPON GOOD CAUSE SHOWN, it is ordered that JENNIFER C. NOBLE may withdraw as counsel, and that the Federal Defenders' Office immediately appoint J. TONEY as advisory counsel for defendant YASIR MEHMOOD. IT IS SO ORDERED. Dated: 10-14-2015
/s/_________
JOHN A. MENDEZ
United States District Court Judge