Free Motion to Withdraw as Attorney - District Court of Delaware - Delaware

Case 1:07-cr-00014-SLR

Document 11

Filed 02/28/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. RAFAEL SANTIAGO, Defendant.

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Criminal Action No. 07-14-SLR

DEFENDANT'S JOINT UNOPPOSED MOTION TO PERMIT CURRENT DEFENSE COUNSEL TO WITHDRAW AS COUNSEL AND TO REAPPOINT THE FEDERAL PUBLIC DEFENDER'S OFFICE FOR THE DISTRICT OF DELAWARE AS COUNSEL Edson A. Bostic, Acting Federal Public Defender for the District of Delaware, respectfully requests that the Law Office of John S. Malik be permitted to withdraw as counsel, and that the Federal Public Defender's Office for the District of Delaware be reappointed to represent Defendant, Rafael Santiago. As grounds, it is stated: 1. On January 29, 2007, United States Magistrate Judge Mary Pat Thynge appointed Mr.

Bostic to represent Mr. Santiago. 2. On or about February 2, 2007, Mr. Bostic withdrew as counsel, because Mr. Santiago

retained John Malik, Esquire as counsel. 3. On or about February 9, 2007, Mr. Malik informed Mr. Bostic that he had a potential

conflict of interest and therefore could no longer represent Mr. Santiago. 4. After subsequent conversations, both parties agreed that the Federal Public Defender's

Office, provided that the Court permits, would resume Mr. Santiago's representation. 5. Upon information and belief, Jay Whittle, Esquire, an Associate in Mr. Malik's firm, has

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since notified the Court of their intent to withdraw as counsel. 6. Mr. Santiago's family subsequently contacted the Federal Public Defender's Office and

requested that the Office resume its representation of Mr. Santiago. The family also asked that the Federal Public Defender's Office facilitate Mr. Malik's withdrawal as counsel. 7. On February 26, 2007, Mr. Whittle, on behalf of Mr. Malik, and Mr. Bostic agreed that

the Federal Public Defender's Office would file the instant motion. 8. Douglas E. McCann, Assistant United States Attorney, Counsel for the government

is aware of the instant motion and does not oppose the relief sought. WHEREFORE, it is respectfully requested that the Law Office of John S. Malik be allowed to withdraw as counsel, and that the Federal Public Defender's Office for the District of Delaware be reappointed to represent Mr. Santiago.

Respectfully submitted,

/s/ EDSON A. BOSTIC Acting Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected]

DATED: February 28, 2007

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CERTIFICATE OF SERVICE

Undersigned counsel certifies that a copy of Defendant's Joint Motion To Permit Current Defense Counsel To Withdraw As Counsel And To Reappoint The Federal Public Defender's Office For the District of Delaware As Counsel is available for public viewing and downloading and was electronically delivered as well as via facsimile on February 28, 2007, to:

Douglas E. McCann, Esquire United States Attorney's Office 1007 Orange Street, Suite 700 Wilmington, DE 19801

John S. Malik John S. Malik, Esquire 100 East 14th Street Wilmington, DE 19801

/s/ Edson A. Bostic Acting Federal Public Defender 704 King Street, Suite 110 Wilmington, DE 19801 [email protected] (302) 573-6010

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. RAFAEL SANTIAGO, Defendant.

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Criminal Action No. 07-14-SLR

ORDER

AND NOW, this ________ day of _______________, 2007, upon consideration of Defendant's Joint Unopposed Motion to Permit Current Defense Counsel to Withdraw As Counsel and to Reappoint The Federal Public Defender's Office for the District of Delaware as Counsel, it is hereby ORDERED that the Law Office of John S. Malik will be allowed to withdraw as counsel, and that the Federal Public Defender's Office for the District of Delaware will be reappointed to represent Defendant, Rafael Santiago.

BY THE COURT:

The Honorable Sue L. Robinson United States District Court