A Marsden motion gets its name from the case of People v. Marsden 2 Cal.3d 118 (1970). It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel. A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either (1) that appointed counsel is not providing adequate representation, or (2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The District of Columbia motion to have new counsel appointed, also known as a Mars den motion, is a legal procedure that allows the defendant in a criminal case to request the appointment of new legal representation. This motion is typically filed when the defendant believes that their current attorney is ineffective or unable to adequately represent their interests. In the District of Columbia, there are various types of Mars den motions that can be filed, each addressing different concerns or circumstances. Some common variations include: 1. Ineffective Assistance of Counsel: This type of motion is filed when the defendant believes that their current attorney is failing to provide adequate counsel, thus compromising their defense. The defendant may argue that their lawyer's lack of preparation, communication, or understanding of the law has negatively impacted their case. 2. Conflict of Interest: A Mars den motion can also address a conflict of interest between the defendant and their attorney. This may arise when the attorney has a personal or professional relationship with a party involved in the case, creating a potential bias or compromising the attorney-client privilege. 3. Breakdown in Communication: If the defendant and their attorney are unable to establish effective communication, a Mars den motion can be filed. Lack of communication can hinder the defense's ability to build a solid strategy and effectively present evidence in court. 4. Loss of Trust or Confidence: In some instances, a defendant may file a Mars den motion due to a breakdown in trust or confidence in their attorney. This loss of trust can stem from various factors, such as a lack of transparency, missed court deadlines, or the attorney's failure to involve the defendant in strategic decisions. 5. Personal Reasons: A defendant may also file a Mars den motion for personal reasons such as a personality clash with their attorney, differing legal strategies, or the belief that another attorney would be better suited to handle their case. It's important to note that the approval of a Mars den motion varies depending on the jurisdiction and circumstances of each case. The court will generally consider factors such as the stage of the proceedings, the severity of the alleged offense, and the availability of alternative counsel before granting a request for new counsel.
