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UNITED STATES v. HINCKLEY

July 28, 1989

UNITED STATES OF AMERICA, Plaintiff
v.
JOHN W. HINCKLEY, JR., Defendant


June L. Green, United States District Judge.


The opinion of the court was delivered by: GREEN

JUNE L. GREEN, UNITED STATES DISTRICT JUDGE

 This matter is before the Court on defendant, John W. Hinkley, Jr.'s Motion for Appointment of Counsel and Motion for Leave to Proceed Pro Hac Vice. Upon consideration of both motions and the entire record herein, the Court grants defendant's Motion for Appointment of Counsel but denies his Motion for Leave to Proceed Pro Hac Vice.

 I. Background

 Defendant John W. Hinckley, Jr., has been committed to the custody of St. Elizabeths Hospital since August 10, 1982, pursuant to an Order of the Court and 24 D.C. Code § 301(d) (1981). See Findings and Order, dated August 10, 1982. In recent months he has expressed his desire to obtain new legal counsel for his ongoing representation. See Petition to Change Legal Counsel, dated March 1, 1989; Petition for Hearing to Resolve the Matter of Attorney Change, dated April 3, 1989. In response to that request, this Court conducted a hearing on April 20, 1989. At that time, the Court excused from the case Mr. Hinckley's previous counsel, Vincent Fuller and Judith Miller, and ordered that Mr. Hinckley be permitted to conduct interviews of "such attorneys of his choice who[m] he may wish to engage as substitute counsel" for his defense. Order, dated April 20, 1989. Mr. Hinckley explained at the hearing that, while he was indigent at that time, he did not seek appointed counsel and would make independent arrangements for retaining an attorney. In particular, he expressed an interest in acquiring the services of Mark Lane of the New York Bar.

 Mr. Hinckley next registered his intentions with the Court through two motions filed on his behalf on July 12, 1989. In the first motion, Mr. Hinckley and Russell F. Canan of the D.C. Bar explain Mr. Hinckley's financial indigence and his desire to gain appointment of Mr. Canan through the Criminal Justice Act, 18 U.S.C. § 3006A (1982). Defendant's Motion for Appointment of Counsel at 1-2. They also relate Mr. Hinckley's ultimate goal of securing the pro hac vice admission of Mark Lane to the case, so that he and Mr. Canan may "associate together to represent" Mr. Hinckley. Id. at 2.

 The second motion presents Mr. Lane's general qualifications and notes his "numerous" meetings with Mr. Hinckley, through which Mr. Lane "has agreed to serve as counsel with Mr. Canan for Mr. Hinckley," without "seek[ing] appointment pursuant to the Criminal Justice Act." Motion for Leave to Proceed Pro Hac Vice at 1. It provides no information related to division of responsibilities between the two counsel or compensation of Mr. Lane. See generally id.

 II. Discussion

 The Court wishes to make clear at the outset that it has no quarrel with Mr. Hinckley's desire to retain adequate counsel of his choice -- be it Mark Lane or any other competent attorney. However, if Mr. Lane is the counsel of choice, Mr. Hinckley has selected the wrong avenue to his employment.

 The Criminal Justice Act ("the Act" or "CJA") provides, in part, the following process for local adoption of rules designed to assure "adequate representation of defendants":

 
(a) Choice of plan
 
Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. . . .

 Criminal Justice Act of 1964, 18 U.S.C. § 3006A (a) (1982). As to designation of approved counsel, the Act ...


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