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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