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, commonly known as a Motion to have New Counsel Appointed in Massachusetts, is a legal request made by a defendant who seeks to dismiss their current attorney and appoint a new one. This motion is based on the belief that their current counsel is not adequately representing their best interests or fulfilling their professional obligations. In Massachusetts, there are several variations of the Motion to have New Counsel Appointed, each with its own unique circumstances and criteria. Some of these include: 1. Mars den Motion due to Ineffective Assistance of Counsel: This type of motion is filed when a defendant believes that their current attorney is providing ineffective assistance, which is a violation of their Sixth Amendment rights under the United States Constitution. The defendant must demonstrate specific instances where their lawyer's performance fell below the standard of competence and caused prejudice to their case. 2. Mars den Motion based on Conflict of Interest: This motion is utilized when a defendant believes that their attorney has a conflict of interest that impedes their ability to effectively represent them. A conflict of interest may arise if the attorney previously represented a witness, victim, or a co-defendant in the same case, or if the attorney has personal or financial ties to the opposing party. 3. Mars den Motion due to breakdown in Attorney-Client Relationship: In some cases, defendants may file a Mars den Motion due to a breakdown in the attorney-client relationship. This can occur when there is a lack of communication, trust, or collaboration between the defendant and their current counsel, hindering the attorney's ability to provide adequate representation. 4. Mars den Motion for Medical or Psychological Reasons: Sometimes, defendants may request new counsel due to medical or psychological reasons that impair their ability to work effectively with their current attorney. These reasons can include severe mental health issues, substance abuse problems, or physical ailments that prevent proper communication and participation in their defense. When filing a Mars den Motion in Massachusetts, defendants are usually required to submit a written statement detailing the reasons why new counsel is necessary. Additionally, they may have to present evidence or witnesses to support their claims. The court will then carefully review the motion, consider the circumstances, and make a determination regarding the appointment of new counsel. It is important to note that the court's decision will depend on the specific facts and circumstances of each case.
