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.
A New Jersey Motion to have New Counsel Appointed, also known as a Mars den Motion, is a legal procedure that allows a defendant to request a change of their court-appointed attorney. This motion is based on the belief that the defendant's current counsel is inadequate or ineffective in representing their interests. The Mars den Motion empowers the defendant to bring up legitimate concerns regarding their attorney's performance, such as lack of communication, conflicts of interest, incompetence, or a breakdown in the attorney-client relationship. There are different types of New Jersey Motions to have New Counsel Appointed Mars denen Motions, each invoking specific circumstances. Here are some key types to consider: 1. Lack of Communication: In this scenario, the defendant asserts that their attorney has failed to effectively communicate with them. They may describe instances where important information was not adequately shared or where the attorney did not keep them informed about the progress of their case. 2. Conflict of Interest: A Mars den Motion can be filed if the defendant believes that their attorney has a conflict of interest. This conflict could arise if the attorney has a personal or professional relationship with an opposing party, or if they have a vested interest in the outcome of the case that hinders their ability to represent the defendant impartially. 3. Incompetence or Inadequate Representation: If the defendant believes their attorney lacks the necessary legal skills, knowledge, or experience to provide an adequate defense, they can file a Mars den Motion. This could include instances where the attorney fails to investigate crucial evidence, misinterprets the law, or demonstrates overall incompetence in handling the case. 4. Breakdown in the Attorney-Client Relationship: Sometimes, a significant breakdown in the attorney-client relationship occurs, leading the defendant to lose confidence in their current counsel. Reasons for this breakdown may vary, such as personality conflicts, differences in legal strategies, or irreconcilable differences in tactics. In summary, a New Jersey Motion to have New Counsel Appointed, often referred to as a Mars den Motion, provides a means for a defendant to request a change in their court-appointed attorney. This motion can be based on various grounds, including lack of communication, conflicts of interest, incompetence, or a breakdown in the attorney-client relationship. Each type of Mars den Motion targets different specific circumstances to address the concerns of the defendant seeking new legal representation.
