Free Order of 9th Circuit - District Court of Arizona - Arizona

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UNITED STATES OF AMERICA, No. 05-10204
Plaintiff- Appellee, D.C. No. CR-03-00502-FJM
. District of Arizona,
v. Phoenix
ROBERT SUZENSK1,
ORDER
Defendant - Appellant. I
Before: Peter L. Shaw, Appellate Commissioner ‘ ·
Appellant Suzensl referred to the Appellate Commissioner pursuant to Ninth Circuit General Order
6.3(e), which authorizes the Appellate Commissioner to confirm that appellant’s
request to proceed pro se and waiver of his right to counsel are knowing, V
intelligent, and unequivocal. See Hendricks v. Zenon, 993 F .2d 664, 669 (9th Cir.
1993).
_ The United States Supreme Court held in Martinez v. Court of Appeal, 528
U.S. 152 (2000), that there is no constitutional right to self-representation on
appeal, but left this court with the discretion to allow self-representation in
appropriate cases. Id. at 163. This discretion should be exercised with attention to
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the court’s strong interests in ensuring the integrity of the judicial process and in
avoiding the undue burden that may be imposed by a pro se litigant. Id. at 162.
Accordingly, the court will permit defendants in direct criminal appeals to
represent themselves if: (l) the defendant’s request to proceed pro se and the
waiver of the right to counsel are knowing, intelligent, and unequivocal; (2) the
_ defendant is apprised of the dangers and disadvantages of self-representation on l
appeal; and (3) self-representation would not undermine a just and- orderly
resolution of the appeal. See 9th Cir. R. 4-1(d) (effective July 1, 2001).
The record before the Appellate Commissioner is not adequate at this time
to determine whether the court should grant appellant Suzenski leave to proceed
pro se. Accordingly, within 21 days after this order is tiled, appellant Suzenski
shall tile with this court a pro se response to this order that addresses whether
self-representation would undermine a just and orderly resolution of the appeal. In
particular, the response should address: (l) how appellant intends to comply with
~ this court’s rules and procedures; (2) how appellant intends to identify and
research the relevant legal issues and present an intelligent and responsible
argument; and (3) whether the issues on appeal are so complex that appellant l
would require substantial assistance of counsel to aid the court in deciding the
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case. See Price v. Johnston, 334 U.S. 266, 284-85 (1948); United States v. Gillis,
p 773 F.2d 549, 560 (4th Cir. l985)._
Appellant Suzenski’s response shall consist of a written statement prepared
by appellant himself, not by a jailhouse lawyer, that does not exceed 10 double-
spaced pages in length. Appellant Suzenski’s response also should include a
statement of his education, employment history, legal experience, and research and
writing ability. Appellant Suzenski should identify the legal issues that he intends -
to raise on appeal. l
Appellant Suzenski may withdraw his request to proceed pro se at any time
by filing a motion for appointment of counsel on appeal or a notice of the
appearance of retained counsel. The brieiing schedule is stayed pending _
disposition of appellant Suzenski’s request to represent himself.
7. Appellant Suzenski’s request for copies of the Federal Rules of Appellate
Procedure and for writing materials will be addressed when the court resolves
appellant’s request for self-representation. »
The Clerk shall forward Suzenski’s response to the Appellate
Commissioner. ·
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- In addition to sewing counsel of record, the Clerk shall serve a copy of this
order on appellant at Robert Suzenski, Reg. No. 80708-008, MCSO, No. P059l28,
Estrella Jail, 2939 West Durango, Phoenix, AZ 85004.
_ __ __ H _ general Order 6.3(e)
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