Free Motion to Withdraw as Attorney - District Court of Colorado - Colorado

Case 1:04-cr-00403-LTB

Document 790

Filed 06/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00403-LTB-6 UNITED STATES OF AMERICA, Plaintiff, v. 6. JAIME ARMENDARIZ-MARTINEZ, Defendant. ______________________________________________________________________________ DEFENSE COUNSEL'S MOTION TO WITHDRAW ______________________________________________________________________________

COMES NOW Lisabeth P. Castle, CJA attorney at law, respectfully moves this honorable court to withdraw as court appointed counsel for the defendant Jaime ArmendarizMartinez based upon the following grounds: 1. Mr. Armendariz is presently scheduled for trial beginning August 14, 2006. There remain various pre-trial motions to be heard by the court. 2. Mr. Armendariz is not satisfied with counsel's representation and expresses a lack of confidence in her defense. The defendant has asked counsel to withdraw her representation. 3. D.C. Colo. L.R. 83.6 adopts as standards of professional responsibility in the Court the Colorado Rules of Professional Conduct. Colorado Rules of Professional Conduct, Rule 1.16 addresses withdrawal of an attorney under the following circumstances: Rule 1.16. Declining or Terminating Representation

Case 1:04-cr-00403-LTB

Document 790

Filed 06/07/2006

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(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the rules of professional conduct or other law; (b) A lawyer may not request permission to withdraw in maters pending before a tribunal and may not withdraw in other maters unless such request or such withdrawal is because: (1) the client: (D) by other conduct renders it unreasonably difficult for he lawyer to carry out the lawyer's employment effectively 4. There exists an irreconcilable conflict between the defendant and this counsel. Counsel is of the opinion that this conflict does not allow her to completely and thoroughly represent the defendant in the matter before the court. 5. Counsel is serving notice of this motion upon the defendant who is presently incarcerated in the Denver Federal Detention Center. 6. The government represented by Ms. Stephanie Podolak was not available for counsel to obtain comment as to this motion. WHEREFORE, Counsel respectfully moves this Court to allow her to withdraw from further representation of the defendant.

Dated this 7th day of June, 2006.

Case 1:04-cr-00403-LTB

Document 790

Filed 06/07/2006

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Respectfully submitted,

S/Lisabeth Perez Castle Lisabeth Perez Castle Castle & Castle, P.C. Counsel for Mr. Jaime Armendariz-Martinez 1860 Race Street Denver, CO 80206 CERTIFICATE OF SERVICE I hereby certify that on this 7th day of June 2006, a true and correct copy of JAIME ARMENDARIZ-MARTINEZ MOTION TO WITHDRAW via the CM/ECF system properly addressed to the following: Richard J. Banta ([email protected]) Thomas Carberry ([email protected]) James A. Castle ([email protected]) Robert J. Driscoll ([email protected]) Charles W. Elliot ([email protected]) Martha H. Eskesen ([email protected]) Jennifer L. Gedde ([email protected]) Walter L. Gerash ([email protected]) Richard Kornfeld ([email protected]) Forrest W. Lewis ([email protected]) Donald L. Lozow ([email protected]) Neil E. MacFarlane ([email protected]) Jeffrey S. Pagliuca ([email protected]) Lynn Pierce ([email protected]) Stephanie Podolak ([email protected]) Scott T. Poland ([email protected]) Daniel T. Recht ([email protected]) Michael G. Root ([email protected]) James F. Scherer ([email protected]) Harvey A. Steinberg ([email protected]) John F. Sullivan, III ([email protected]) Richard L. Tegtmeier ([email protected]) Jonathan S. Willett ([email protected]) Earl S. Wylder ([email protected]) Mitchell Baker ([email protected])

and the following copies via U.S. Mail, postage prepaid:

Case 1:04-cr-00403-LTB

Document 790

Filed 06/07/2006

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Angelica B. Carreon, Esq. 210 North Campbell El Paso, TX 79901 Lucia C. Gallery Isaacson Rosenbaum, P.C. 633-17th Street #2200 Denver, CO 80202 Anita M. Springsteen 5000 West 13th Avenue Denver, CO 80204

S/Stacy Trujillo