Opinion
Criminal Action No. 3:08-CR-77
02-22-2013
UNITED STATES OF AMERICA, Plaintiff, v. BARTON JOSEPH ADAMS, and JOSEPHINE ARTILLAGA ADAMS, Defendants.
Judge Bailey
ORDER
On this day, the above-styled matter came before the Court for consideration of the Defendant's pro se Motion to determine if the U.S. government agent i.e. the Fiscal Intermediary was required by Federal Law to immediately Reject the claim forms of an excluded provider of service [Doc. 1193] and pro se Motion to unseal the date Barry Beck, Esq. Requested funds for a competency evaluation of the defendant by Dr. Krieg and to unseal the date of Dr. Krieg's competency evaluation Report-letter [Doc. 1195], both filed on February 22, 2013.
A defendant has a Sixth Amendment right to be represented by an attorney, but a defendant has no right to act as co-counsel as defendant Adams has attempted to do in filing this pro se motion. United States v. Tarantino , 846 F.2d 1384, 1420 (D.C. Cir. 1988), cert. denied, 488 U.S. 867 (1988). It is within the sound discretion of this Court to allow a defendant to assume some of his lawyer's functions, that is, to engage in "hybrid representation." See United States v. LaChance, 817 F.2d 1491, 1498 (11th Cir. 1987), cert. denied, 484 U.S. 928 (1987) (citing United States v. Mills , 704 F.2d 1553, 1557 (11th Cir. 1983) and United States v. Daniels , 572 F.2d 535, 540 (5th Cir. 1978)). Hybrid representation, however, should be permitted only where a defendant has made a showing of some special need to act as co-counsel. United States v. West , 877 F.2d 281, 293 (4th Cir. 1989), cert. denied, 493 U.S. 959 (1989).
Having reviewed the defendant's pro se Motion to determine if the U.S. government agent i.e. the Fiscal Intermediary was required by Federal Law to immediately Reject the claim forms of an excluded provider of service [Doc. 1193] and pro se Motion to unseal the date Barry Beck, Esq. Requested funds for a competency evaluation of the defendant by Dr. Krieg and to unseal the date of Dr. Krieg's competency evaluation Report-letter [Doc. 1195], this Court finds that the defendant has not made a sufficient showing of necessity for this Court to allow defendant to act as co-counsel to his appointed counsel in this matter. Accordingly, the defendant's pro se Motion to determine if the U.S. government agent i.e. the Fiscal Intermediary was required by Federal Law to immediately Reject the claim forms of an excluded provider of service [Doc. 1193] and pro se Motion to unseal the date Barry Beck, Esq. Requested funds for a competency evaluation of the defendant by Dr. Krieg and to unseal the date of Dr. Krieg's competency evaluation Report-letter [Doc. 1195] are hereby DENIED.
It is so ORDERED.
The Clerk is directed to transmit a copy of this order to counsel of record herein and to mail a copy to the defendant acting as a pro se defendant.
_______________
JOHN PRESTON BAILEY
CHIEF UNITED STATES DISTRICT JUDGE