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 California Motion to have New Counsel Appointed, also known as a Mars den Motion, is a legal motion filed by a defendant who seeks to replace their appointed attorney with a new one. This motion is named after the landmark Mars den case that established the right of a defendant to request a new lawyer. In California, if a defendant believes that their current attorney is not adequately representing their interests or there has been a breakdown in communication, they can file a Mars den Motion to request a new counsel. This motion typically arises due to issues such as a lack of trust, ineffective assistance of counsel, conflicts of interest, or a breakdown in the attorney-client relationship. There are various types of Mars den Motions that can be filed in California, each pertaining to specific circumstances: 1. Standard Mars den Motion: This is the most common type where the defendant asserts that their current attorney is incompetent or not providing proper legal representation. The defendant must provide evidentiary support and justification for the motion. 2. Substantial Breakdown Mars den Motion: This motion is filed when there has been a significant breakdown in communication or conflict between the defendant and their attorney, resulting in an irrevocable distrust or inability to cooperate effectively. 3. Conflict of Interest Mars den Motion: If a conflict of interest arises between the defendant and their attorney, such as the attorney having a personal or professional relationship with a key witness or the prosecutor, a Mars den Motion can be filed to have new counsel appointed. 4. Ineffective Assistance Mars den Motion: In cases where a defendant believes that their attorney has provided ineffective assistance, such as failing to call crucial witnesses or gather necessary evidence, they can file this motion to request a new lawyer. 5. Denial of Choice of Counsel Mars den Motion: If a defendant's preferred attorney is denied due to administrative or logistical reasons, this motion can be filed to ensure their constitutional right to choose their counsel is upheld. When filing a Mars den Motion, it is essential for the defendant to explain their reasons clearly, articulate specific instances where their attorney's performance was deficient, and provide evidence or affidavit supporting their claims. The court will evaluate the motion, conduct an inquiry, and decide whether to grant the request for new counsel or not. In summary, a California Motion to have New Counsel Appointed, commonly known as a Mars den Motion, is a critical legal tool available to defendants who believe they are not receiving adequate legal representation. By filing this motion, defendants can seek a replacement attorney to safeguard their constitutional rights during criminal proceedings.A California Motion to have New Counsel Appointed, also known as a Mars den Motion, is a legal motion filed by a defendant who seeks to replace their appointed attorney with a new one. This motion is named after the landmark Mars den case that established the right of a defendant to request a new lawyer. In California, if a defendant believes that their current attorney is not adequately representing their interests or there has been a breakdown in communication, they can file a Mars den Motion to request a new counsel. This motion typically arises due to issues such as a lack of trust, ineffective assistance of counsel, conflicts of interest, or a breakdown in the attorney-client relationship. There are various types of Mars den Motions that can be filed in California, each pertaining to specific circumstances: 1. Standard Mars den Motion: This is the most common type where the defendant asserts that their current attorney is incompetent or not providing proper legal representation. The defendant must provide evidentiary support and justification for the motion. 2. Substantial Breakdown Mars den Motion: This motion is filed when there has been a significant breakdown in communication or conflict between the defendant and their attorney, resulting in an irrevocable distrust or inability to cooperate effectively. 3. Conflict of Interest Mars den Motion: If a conflict of interest arises between the defendant and their attorney, such as the attorney having a personal or professional relationship with a key witness or the prosecutor, a Mars den Motion can be filed to have new counsel appointed. 4. Ineffective Assistance Mars den Motion: In cases where a defendant believes that their attorney has provided ineffective assistance, such as failing to call crucial witnesses or gather necessary evidence, they can file this motion to request a new lawyer. 5. Denial of Choice of Counsel Mars den Motion: If a defendant's preferred attorney is denied due to administrative or logistical reasons, this motion can be filed to ensure their constitutional right to choose their counsel is upheld. When filing a Mars den Motion, it is essential for the defendant to explain their reasons clearly, articulate specific instances where their attorney's performance was deficient, and provide evidence or affidavit supporting their claims. The court will evaluate the motion, conduct an inquiry, and decide whether to grant the request for new counsel or not. In summary, a California Motion to have New Counsel Appointed, commonly known as a Mars den Motion, is a critical legal tool available to defendants who believe they are not receiving adequate legal representation. By filing this motion, defendants can seek a replacement attorney to safeguard their constitutional rights during criminal proceedings.
