Opinion
Case No. 1: 04 CR 567.
May 11, 2005
ORDER
This matter came before the Court for a Final Pre-trial on May 11, 2005. Assistant United States Attorney James C. Lynch appeared on behalf of the Government. Attorneys Larry W. Zuckerman and Michael Lear appeared on behalf of the Defendant, Jeffrey J. Moffie. Attorney Nancy C. Shuster appeared on behalf of the Defendant, Dale M. Delgado.
Shortly after the commencement of the matter, Attorney Shuster indicated that irreconcilable differences has arisen during her representation of Delgado and orally requested an order granting leave to withdraw as counsel. Attorney Shuster additionally requested a continuance of the trial in order to afford new counsel with time to prepare.
The district court must make a factual inquiry into the reasons behind a defense counsel's motion to withdraw as counsel. See United States v. Iles, 906 F.2d 1122, 1130 n. 8 (6th Cir. 1990). When counsel makes a good faith motion requesting that a discharge and new counsel appointed, the district court has a responsibility to determine the reasons for the request. Id. at 1130 (alteration removed and internal quotation marks and citations omitted). Upon a showing of "good cause," the district court should grant the motion. See United States v. Jennings, 945 F.2d 129, 132 (6th Cir. 1991); Wilson v. Mintzes, 761 F.2d 275, 280 (6th Cir. 1985) ("When an accused seeks substitution of counsel in mid-trial, he must show good cause such as a conflict of interest, a complete breakdown in communication or an irreconcilable conflict with his attorney in order to warrant substitution.") (citations omitted).
The Court held a hearing on Attorney Shuster's motion to withdraw. During a colloquy with the Court, Attorney Shuster indicated that she was unable to effectively represent the Defendant in a manner conforming with the Defendant's wishes. The Defendant confirmed Attorney Shuster's representations and requested new counsel.
Upon consideration of the facts presented to the Court and placed into the record, the Court hereby determines that there exists good cause to grant Attorney Shuster's request to withdraw. Attorney Shuster candidly admitted to the Court that she was unable to effectively represent the Defendant's interests.
Accordingly, the Court hereby orders that Attorney Shuster's request to withdraw as counsel is GRANTED.
Furthermore, after full consideration of the factors set forth in 18 U.S.C. § 3161(h)(8)(B), the Court finds that new counsel for Delgado will require additional time to prepare for trial in this matter. Therefore, the ends of justice served by the granting of the continuance outweigh the best interests of the public and the Defendants in a speedy trial.
Accordingly, Attorney Shuster's oral motion for a continuance is GRANTED. The Court hereby orders that the trial for all defendants in the above-captioned action shall commence on July 6, 2005.