Free Order to Show Cause - District Court of Delaware - Delaware

Case 1 :08-cr—OOO33-GIVIS Document 4 Filed O4/O3/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. g Criminal Action No. 08-33 GMS
WENDELL GLOVER, g
Defendant. g
ORDER
WHEREAS, on March 27, 2008, the court issued an Order (D.I. 2) directing the parties in
the above-captioned case to appear for an initial appearance/change of plea hearing (the "plea
hearing") on Tuesday, April l, 2008, at 2:00 p.m.;
WHEREAS, on March 3l, 2008, at 3:50 p.m., staff from Joseph Hurley, Esq.’s ("Mr.
Hurley") office placed an ex parte] telephone call to the court, advising that Mr. Hurley would be
unable to appear for the plea hearing;
WHEREAS, on April I, 2008, staff from Mr. Hurley’s office placed another telephone call
to the court, stating that the government did not oppose a continuance of the plea hearing;
WHEREAS, on April l, 2008, the defendant appeared for the plea hearing and was advised
by court personnel that his attorney was not going to be present and the matter was to be rescheduled;
WHEREAS, on that same date, the court placed a telephone call to Mr. Hurley’s office,
inquiring why the defendant was not notified that the plea hearing was to be rescheduled;
I The court’s rules preclude ex parte calls to chambers. See
http;//www.ded.uscourts.gov/GMSmain.htm ("Absent exceptional situations, telephone calls are
not appropriately placed to chambers. Chambers shall be contacted only in situations where
scheduling relief is sought and 0nly then when ALL participating counsel are on the line for
purposes of selecting a new date.")

Case 1:08-cr-00033-GIVIS Document 4 Filed O4/O3/2008 Page 2 of 2
WHEREAS, Mr. Hurley’s staff advised the court that Mr. Hurley had directed the defendant
to appear for the plea hearing; and
WHEREAS, the court expects attorneysz who practice belbre it to be familiar with, and
follow, its rules and procedures;
IT IS HEREBY ORDERED that:
l. Mr. Hurley shall SHOW CAUSE as to why he should not be held in contempt ofthe
court’s March 27, 2008 Order for failing to follow the court’s rules and failing to
appear with his client at the April l, 2008 plea hearing.
2. The show cause hearing will immediately follow the plea hearing on April 9, 2008.
Dated: April g , 2008 / *
CHTE ,UNT LD STA ES DISTRICTIUD
F I L E D
I; APR - 3 2008 `
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2 To be clear, the court does not place responsibility for this incident on Mr. Hurley’s staff
but, rather, on Mr. Hurley, as he should be familiar with this court’s rules and procedures, having
appeared before it for many cases.
2

Case 1:08-cr-00033-GMS

Document 4

Filed 04/03/2008

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Case 1:08-cr-00033-GMS

Document 4

Filed 04/03/2008

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