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 Mars den motion, also known as a Motion to have New Counsel Appointed, is a legal procedure that allows a defendant to request a new attorney if they feel their current counsel is ineffective or if there is a breakdown in the attorney-client relationship. In New York, there are specific rules and regulations governing this type of motion. The Mars den motion is derived from the landmark California case, People v. Mars den, which established a defendant's right to a substitution of counsel. This motion provides defendants with an avenue to express their concerns or complaints about the quality of legal representation they are receiving. In New York, there are different types of Mars den motions that can be filed depending on the circumstances. Common variations include: 1. Mars den Motion based on Ineffectiveness: If a defendant believes that their attorney is providing inadequate representation, they can file a Mars den motion to request the appointment of a new counsel. This may be due to the attorney's lack of experience, failure to investigate the case properly, or other forms of incompetency. 2. Mars den Motion based on Conflict of Interest: When a defendant discovers that their attorney has a conflict of interest that could potentially affect their case, they can file a Mars den motion. A conflict of interest can arise when the attorney has a personal or professional relationship with someone involved in the case or when the attorney represents multiple defendants with conflicting interests. 3. Mars den Motion based on breakdown of Attorney-Client Relationship: If there is a breakdown in communication or trust between the defendant and their attorney, a Mars den motion can be filed. This usually occurs when there is a fundamental disagreement on case strategy, a lack of communication, or a feeling of being ignored or misunderstood by the attorney. To file a Mars den motion in New York, the defendant must submit a formal written request to the court, outlining the reasons why they are seeking new counsel. The court will then review the motion and consider the defendant's arguments before making a decision. It is important to note that the granting of a Mars den motion is determined on a case-by-case basis, and the court will consider factors such as the stage of the proceedings, the seriousness of the charges, and the availability of other attorneys. Ultimately, the goal is to ensure that the defendant receives the best possible legal representation to protect their rights and provide a fair trial.
