Free Ex Parte Motion - District Court of Arizona - Arizona

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..___ RECEIVED COPY
1 LAW OFFICE OF NEIL C. LABARGE p "‘
NEIL C. LABARGE I
2 State Bar No. 13920 SEP 2 2 2005
11 W. Jefferson St., #2 CLERK U S U
3 Phoenix, AZ 85003 DISTRICT HT
{sozy 2s24oso BV DEPUTY
4 FAX (602) 252-2111
5 Attorney for Defendant Cortez-Torres
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IN THE UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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9 U.S.A., I No. CR04—1230—l-PHX-JAT
10 Plaintiff; I
ll V' EX PARTE IMOTION TO DETERMINE
— COUNSEL, OR ALTERNATIVELY TO
12 WITHDRAW, AND ORDER
RAMIRO CORTEZ-TORRES,
l 3
I4 Defendant. n
15 Comes now defense attorney Neil C. LaBarge and respectfully requests that the court set
I6 a hearing to determine counsel in this matter. Alternatively, defense counsel hereby moves to
I7 withdraw as counsel of record in this matter. This motion is based upon the following
18 grounds:
19 l) On September 16, 2005, at the conclusion of the last meeting between defendant and
n 20 cou11sel, defendant repeatedly advised defense counsel that he was going to tile a bar
21 complaint letter with the State Bar against defense counsel. Defendant and counsel were
22 reviewing the Pre—Sentence Report, and defendant became very unhappy with both the content
23 of the report, as well as with defense cou;nsel's responses and explanations of the report's
24 contents. Defendant repeatedly accused counsel of having lied to him. `
25 Defense counsel believes that the nature of the relationship and communication between
26 defendant and counsel has deteriorated to a point where effective representation is no longer
27 possible. Independent of that issue, defendant’s clear and unequivocal statement of intent to
28 file a bar complaint creates a conflict. Defense counsel notes for the court's consideration that
Case 2:04-cr—O1230-JAT Document 56 Filed O9/22/2005 Page 1 of 3

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I he is defendants second attorney in this matter, and that attomey David Lockhart withdrew
2 after defendant tiled a bar complaint against him.
3 3) Defense counsel has submitted this motion in an ex parte manner. In the event that
4 the court sets a hearing on this motion and requires the presence of an AUSA at said hearing,
5 defendant requests that the portion of the hearing, if any, wherein conversations between
6 defendant and counsel are discussed be held ex parte in order to protect against disclosure of
7 attomey—c1ient privileged communications to the government.
8 Respectfully submitted this date: September 20, 2005.
9
LAW OFFICE OF NEIL C. LABARGE
1 0 t
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1 2 if
NEIL C. LABARGE
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15 Original and one judge's copy filed with the following via U.S. mail / hand-delivery this date:
September 20, 2005.
16
. 17 Clerk ofthe Court _
401 W. Washington St. _
18 Phoenix, AZ 85003
19 Copies mailed to the following on this date: September 20, 2005.
20 _
. Hon. James A. Terlborg
‘ 21 [email protected]. gov
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. Case 2:O4—cr—O1230-JAT Document 56 Filed O9/22/2005 Page 2 of 3

\ 7
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7 p IN THE UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA
7
10 U.S.A., No. CR04-1230-I-PHX-JAT
11 Plaintiff} l
12 V- 0RDER
13 RAMIRO CORTEZ-TORRES,
14
15 Defendant.
16 THE COURT, having reviewed the Motion to Determine Cotmsel, or Altematively to
T 17 . Withdraw, and good cause appearing,
18 IT IS ORDERED granting the motion and permitting Neil C. LaBarge to withdraw as
1 19 counsel of record.
20 IT IS ORDERED appointing pursuant to the Criminal Justice
21 Act to represent defendant.
22 SO ORDERED this date: .
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26 I Honorable James A. Teilborg,
27 United States District Court, District of Arizona
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