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 Utah Motion to have New Counsel Appointed, commonly known as the Mars den Motion, is a legal document filed in Utah courts that allows a defendant to request a new attorney if they believe their current counsel is providing inadequate representation. This motion is crucial in ensuring the defendant's right to effective assistance of counsel, as guaranteed by the Sixth Amendment of the United States Constitution. The Mars den Motion provides an avenue for defendants in criminal cases to address concerns about their appointed counsel. It allows them to present evidence or arguments detailing the reasons why they believe their attorney's representation has been ineffective, such as a lack of communication, conflicts of interest, incompetence, or any other valid grounds for dissatisfaction. In Utah, similar to other jurisdictions, there are multiple types of Mars den Motions that can be filed, depending on the circumstances of the case: 1. Initial Mars den Motion: This motion is commonly filed early in the criminal proceedings when a defendant feels that their attorney is not adequately representing their interests. It aims to address concerns before trial and seeks the appointment of a new attorney who can better meet the defendant's needs. 2. Subsequent Mars den Motion: This motion is filed after the initial Mars den Motion has been denied or when new issues arise that necessitate a change in counsel. It allows the defendant to present additional evidence or arguments supporting their claim for new counsel. 3. Omnibus Mars den Motion: This motion is typically filed during pretrial motion hearings or shortly before trial. It consolidates multiple Marsden-related issues into a single motion, addressing any ongoing concerns regarding inadequate representation and requesting the appointment of new counsel if deemed necessary. 4. Post-conviction Mars den Motion: This motion is filed after a defendant has been found guilty and sentenced. It aims to challenge the effectiveness of the representation during the trial or appeal, seeking to overturn the conviction or secure a new trial based on the alleged incompetence of the attorney. It is crucial to note that success in obtaining new counsel through a Mars den Motion depends on various factors, including the court's discretion, the validity of the defendant's claims, and the availability of alternative legal representation. Legal professionals experienced in criminal defense matters can provide guidance on filing and arguing Mars den Motions effectively, ensuring the defendant's right to competent legal representation is safeguarded.
