What is a Marsden motion in NC?

A Marsden motion is a legal document, brought by a criminal defendant and filed with the court, to fire a defendant's court-appointed counsel (usually a public defender) and get new counsel.

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Motion to have New Counsel Appointed - Marsden Motion

North Carolina Motion to have New Counsel Appointed - Marsden Motion

Category:

Criminal - Counsel Appointments

State:

Multi-State

Control #:

US-02070BG

Format:

Instant download

Description

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.

North Carolina Notice to Appointed Pro Bono Counsel

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North Carolina Sample Motion to Dismiss

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North Carolina Appearance of Counsel (AO 458)

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North Carolina Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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North Carolina Motion for Leave to Appear Pro Hac Vice

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How to fill out Motion To Have New Counsel Appointed - Marsden Motion?

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FAQ

Sometimes before or during a trial, issues arise which need to be resolved before the trial can continue. To resolve such issues, one of the parties can make a motion. A motion is a request to the court for the judge to make a decision about the issue.

HOW DO I MAKE A MARSDEN MOTION? Generally, the defendant ini?ates a request for a subs?tu?on of counsel by making an oral mo?on in open court. Although a formal mo?on is not required, the defendant must clearly indicate that he/she wants a different atorney. People v Sanchez (2011) 53 C4th 80, 89-90, 133 CR3d 56.

A Marsden motion is a legal document, brought by a criminal defendant and filed with the court, to fire a defendant's court-appointed counsel (usually a public defender) and get new counsel.

Both are paid by the state or federal government, but court-appointed attorneys are paid by the hour, while public defenders are salaried employees. However, court-appointed attorneys are private lawyers appointed by the court on a need basis, while public defenders are county, state, or federal employees.

Please note that a Marsden motion is the only way by which a defendant in a California criminal case can fire his court-appointed lawyer to get a substitution of counsel. Please also note this motion only applies to public defenders.

A Marsden motion is a criminal defense motion made by a Defendant in a criminal case to discharge his/her court appointed attorney (public defender or private defender panel attorney), and substitute new counsel.

Johnson v. Zerbst, 304 U.S. 458 (1938), Iowa v. Tovar, 541 U.S. 77 (2004).