defendant fails to cooperate with his appointed lawyer, he inevitably will limit to some degree the effectiveness of his legal representation. Defendant hereby is given notice that to the extent that appointed counsel's effectiveness is reduced by further intransigence on the part of defendant, the Court will deem such a reduction of effectiveness to have been the result of a knowing, intelligent, and voluntary waiver by defendant.
As soon as counsel is appointed by a Magistrate, several things are to happen. First, counsel is directed to contact Assistant United States Attorney Theodore Shmanda promptly to conduct the discovery necessary for completion of the suppression hearing on February 16 at 4:00 p.m. Second, counsel is directed to contact defendant in an effort to obtain information that will enable counsel to represent defendant most effectively.
Third, no longer will supposedly pro se pleadings -- quite obviously prepared by Mr. Brunwasser -- be accepted for filing. Only pleadings signed by appointed counsel will be accepted and the Court henceforth will deal exclusively with appointed counsel. See, e.g., Julius v. Johnson,
755 F.2d 1403 (11th Cir. 1985) (defendant has no Sixth Amendment right to act as co-counsel.
Finally, defendant's Motion Raising Question of Criminal Justice Act Insofar as It Impedes Ability of a Defendant To Afford Private Counsel is denied.
An appropriate Order accompanies this Memorandum Opinion.
AND NOW, this day of , 1988, upon consideration of the foregoing Motion, the Court Orders:
1. The Administration Office of the United States Courts shall file with the Clerk of this Court and serve on Defendant, a complete list of all "CJA" appointments and compensation in the District of Columbia for 1986, 1987 and 1988.
2. After this has been done, each lawyer listed shall file a statement showing
A. How much gross income he or she has received from non-"CJA" practice for 1986, 1987 and 1988 and
B. How much gross income has been received from District of Columbia territorial appointments if not included in 2-A.
C. His or her non-"CJA" usual billing rate requested or stated in the District of Columbia bar association directory.
D. The number of non-"CJA" clients for the years 1986, 1987 and 1988.
E. The name of the person who made each "CJA" and territorial court appointment.
3. All proceedings at 87-311 Criminal to stay meanwhile and until further order of court.
4. After this material has been served upon Defendant, he shall have 60 days to file a more specific motion requesting specific relief.
5. This Order is made upon Defendant's waiver of any and all Speedy Trial rights or privileges.
JANUARY 8, 1988
1. MY NAME IS JAY L. GIBSON and I LIVE at 1013 ALQUIN ST, McKEESPORT, PA 15133
2. I NEED a LAWYER TO REPREST ME in the UNITED STATES DISTRICT COURT for THE DISTRICT of COLUMBIA in C.A. 87-1821 and CRIMINAL #87-311 BOTH ASSIGNED TO DISTRICT JUDGE STANLEY S. HARRIS.
3. I WAS ORIGINALLY REPRESENTED BY ALLEN N. BRUNWASSER, P.O. BOX 22212, PGH, PA 15222 (412) 391-0329
4. MR BRUNWASSER HAS BEEN REMOVED as MY COUNSEL in a FINAL ORDER DATED 12-23-87 and for REASONS which APPEAR of RECORD THERE and in a MANDAMUS PROCEEDING PENDING in the UNITED STATES COURT of APPEALS.
5. I WAS ARRESTED at the AMTRAK-UNION STATION on 6-23-87 SUPPOSEDLY WITH 8 OUNCES of COCAINE and HAVE BEEN INDICTED for POSSESSION WITH INTENT TO DISTRIBUTE, TO which I HAVE PLEAD NOT GUILTY and REQUESTED a JURY TRIAL.
6. A PARTIAL HEARING on SUPPRESSION WAS HEARD on 11-6-87 BEFORE JUDGE HARRIS and the TESTIMONY HAS BEEN PURCHASED and FILED.
7. MY IMMEDIATE PROBLEM IS OBTAINING a LAWYER TO REPRESENT ME at a CONTINUED SUPPRESSION HEARING SET for 2-16-88 at 4 P.M. BEFORE JUDGE HARRIS.
8. ALTHOUGH MR. BRUNWASSER WILL NOT BE ALLOWED TO SIT at COUNSEL TABLE SINCE HE IS NOT ADMITTED in the DISTRICT COURT, HE WILL BE PERMITTED TO SIT IN the COURT ROOM and I WOULD WANT HIM TO BE CONSULTED BY YOU IF YOU TAKE THE CASE.
9. I AM WRITING TO YOU BECAUSE JUDGE HARRIS RECOMMENDED ANY LAWYER FROM THE C.J.A. LIST. IF YOU ARE INTERESTED in TAKING MY CASE, PLEASE REPLY BY JANUARY 22, 1988.
10. ALSO, I WOULD LIKE TO KNOW the NUMBER of C.J.A. APPOINTMENTS YOU HAVE RECEIVED in 1986 and 1987. IN ADDITION, I WOULD LIKE TO KNOW the TOTAL AMOUNT of COMPENSATION YOU HAVE RECEIVED in 1986 and 1987 FROM C.J.A. FUNDS. THIS REQUEST MAY SEEM ODD, BUT the INFORMATION IS AVAILABLE TO the GENERAL PUBLIC and HAS a BEARING on the CASE.
11. I AM NOT ELIGIBLE for C.J.A., BUT MY FUNDS ARE LOW, SO PLEASE ADVISE WHAT YOUR RETAINE and HOURLY CHARGE WOULD BE.
12. FURTHER DETAILS CAN BE OBTAINED FROM MR. BRUNWASSER at (412) 391-0329 OR BY LETTER TO ME.
Jay L. Gibson
JAY L. GIBSON
On consideration of defendant's Motion Raising Question of Criminal Justice Act Insofar as It Impedes Ability of a Defendant To Afford Counsel and the entire record herein, it hereby is
ORDERED, that the motion is denied.
For reasons set forth in the accompanying Memorandum Opinion, it hereby further is
ORDERED, that the case is referred to a United States Magistrate for the limited purpose of selecting and appointing defense counsel for defendant pursuant to Rule 44(a) of the Federal Rules of Criminal Procedure.