Free Motion for Reconsideration - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams, Suite 201 3 Phoenix, Arizona 85007-2730 Telephone: (602) 382-2751 4 KAREN M. WILKINSON 5 State Bar No. 014095 6 [email protected] Asst. Federal Public Defender 7 Attorney for Defendant 8 9 10 11 12 13 14 15 16 17 18 vs. Charles Edward Murphy, Defendant. Undersigned counsel recently received a document titled Application for Writ of Garnishment in this case, and, in response thereto, filed a Notice of NonRepresentation. The Court issued an order referring to L.R.Civ. 83.3(b) and stating, United States of America, Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA No. CR-03-50065-PHX-FJM MOTION FOR RECONSIDERATION

19 in essence, that she still represents defendant Charles Murphy. Counsel respectfully 20 requests that the Court reconsider its decision. 21 The Court appointed the Office of the Federal Public Defender in July 22 2003, to represent Mr. Murphy on an issue regarding modification of probation 23 conditions. Counsel filed a motion to that effect, and the Court granted the motion 24 on August 18, 2004. Mr. Murphy's term of probation expired on March 30, 2005. 25 Rule 83.3(a) states that an attorney of record "shall be deemed 26 responsible as attorney of record in all matters before and after judgment until the 27 time for appeal . . . ." The time to appeal any Court order in this criminal matter has 28 passed.

Case 2:03-cr-50065-FJM

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Filed 10/27/2005

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A garnishment is a civil matter (even though filed in the criminal case),

2 and there are questions as to whether the Criminal Justice Act would authorize 3 appointment of counsel in this type of matter. See 18 U.S.C. § 3006A. In addition, 4 there also has been no financial affidavit provided to the Court to indicate whether 5 or not Mr. Murphy financially qualifies at this time for appointment of counsel. The 6 last affidavit was submitted to the Court in 2003. 7 8 9 10 11 12 13 14 s/ Karen M. Wilkinson KAREN M. WILKINSON Asst. Federal Public Defender For these reasons, counsel respectfully requests that the Court reconsider its order dated October 25, 2005. Respectfully submitted: October 27, 2005. JON M. SANDS Federal Public Defender

15 I hereby certify that on October 27, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal 16 of a Notice of Electronic Filing to the following CM/ECF registrants: 17 18 ELIZABETH WILSON Assistant U.S. Attorney 19 Financial Litigation Unit 405 W. Congress, #4900 20 Tucson, AZ 85701-5041 21 22 23 24 25 26 27 28 2 s/ S. Bereolos S. Bereolos

Case 2:03-cr-50065-FJM

Document 10

Filed 10/27/2005

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