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.
Rhode Island Motion to have New Counsel Appointed — Marsden Motion: A Detailed Description In Rhode Island, if a defendant in a criminal case believes that their current legal representation is inadequate and may negatively impact their defense, they have the right to file a motion to have new counsel appointed. This type of motion is often referred to as a Mars den Motion, named after the landmark California case People v. Mars den (1970). In this case, the Supreme Court upheld a defendant's right to substitute counsel if they can demonstrate a valid reason for their dissatisfaction. A Rhode Island Motion to have New Counsel Appointed — Marsden Motion is a legal document filed by the defendant, requesting the court to assign them new legal representation. It is crucial to provide valid grounds explaining why the current attorney's performance has been deficient or inadequate, raising doubts about their ability to effectively represent the defendant's interests. Common reasons for filing this motion include: 1. Incompetent Legal Representation: If the defendant believes that their attorney is inexperienced, unqualified, or lacks the necessary expertise, they can request new counsel to ensure their case is handled appropriately. 2. Lack of Communication: When there is a breakdown in communication between the defendant and their attorney, essential information may not be shared, potentially harming the defense strategy. In such cases, requesting a new lawyer through a Mars den Motion can ensure effective client-attorney communication. 3. Conflict of Interest: If there is a potential conflict of interest between the defendant and their current attorney, such as prior representation of a prosecution witness, it is imperative to seek new counsel to avoid any adverse effects on the defense. 4. Perceived Bias: In situations where the defendant feels that their attorney has a personal bias or does not have their best interests at heart, they can file a motion for new counsel to ensure unbiased legal representation. 5. Lack of Preparedness: If the defendant believes that their attorney has not adequately prepared for the case, resulting in a compromised defense, they can request new counsel to have an attorney who is adequately prepared and ready to represent their interests in court. Different types of Rhode Island Motion to have New Counsel Appointed — Marsden Motions may arise depending on the specific circumstances. For instance, a defendant might file multiple Mars den Motions if they experience ongoing issues with their legal representation throughout the case. It is essential to carefully articulate the grounds for dissatisfaction in each instance to maximize the chances of the court granting the motion. In conclusion, a Rhode Island Motion to have New Counsel Appointed — Marsden Motion allows defendants to request the court to assign them new legal representation if they believe their current attorney's performance is inadequate. By filing this motion, defendants can exercise their right to a fair trial and ensure their defense is handled competently. Articulating valid reasons for dissatisfaction is crucial, as different scenarios may necessitate multiple Mars den Motions during the course of the criminal proceedings.
