Administrative
Order 06-1: Pro
Se Pleadings and Motions Submitted by Criminal Defendants Who Are
Simultaneously Represented by Legal Counsel in Canyon County
Whereas,
the Canyon County Court Clerk’s Office has periodically received pro se
motions and pleadings from criminal defendants who are also represented by
counsel on the same matter; and
Whereas,
the Canyon County Prosecuting Attorney and/or City Prosecuting Attorneys are
prohibited by ethical rules from responding and communicating directly to
defendants who are represented by legal counsel; and
Whereas,
those same defendants are not in danger of being denied access to the courts
because they are represented by legal counsel; and
Whereas,
such filings require unnecessary time and effort on the part of court and clerk
staff;
IT
IS HEREBY ORDERED:
1. The Canyon County court clerks are directed to
refrain from filing pro se motions or pleadings by criminal defendants in cases
in which they are simultaneously represented by legal counsel, except in the
following circumstances:
a.
Defendant’s motion to serve as his/her own attorney.
b. Motions to appoint an alternative attorney due
to conflict of interest of counsel. No other motions for disqualification of
appointed counsel shall be filed.
c.
Motions filed after the case has been resolved by judgment or dismissal.
2. The deputy court clerk shall notify the
defendant by use of a printed form that the proffered motion/pleading has not
been filed and that the matter can only be addressed through the
defendant’s attorney of record.
3. The Canyon County court clerks will be provided
with the appropriate form for such notice.
4. A copy of this Order shall be posted in the
Canyon County Jail adjacent to any location which preprinted legal forms have
been made available to inmates.
Be it so ordered, this 25th day of April, 2006.
Signed by Gregory
M. Culet, Administrative District Judge
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