Thanks

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------
From: "Greenwald, Steven" <Steven.Greenwald@luzernecounty.org>
Date: 1/23/21 3:07 PM (GMT-05:00)
To: chiefdefenders@pdap.simplelists.com
Subject: Re: [EXTERNAL]: Conflict Question

Nathan, in Luzerne County a referral to the Disciplinary Board is an automatic out. I wouldn’t even mess with the assault stuff, but you can always allege irreconcilable differences such that the assigned attorney no longer feels able to properly and zealously represent the client.  You could even file the petition under seal and ask for a hearing in chambers.
There’s no way anyone could or should be asked to represent someone while constantly in fear of an attack. Frankly, this guy is not going to be happy with anyone. This is a PCRA in the making.

Sent from my iPhone

On Jan 23, 2021, at 2:53 PM, Schenker, Nathan M. <nschenker@chesco.org> wrote:


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We have a unique situation where I  would appreciate some input.

Murder client is scheduled for trial next month. He is very aggressive and threatening, fights at prison, acting out,  etc.

Client sends a complaint to the D Board. In his complaint he states, in effect, that if the D-Board does not give him new counsel he intends to assault his attorneys so the Court will have to give him other lawyers. Based on history we take this as a credible threat.

We have not found any clear case law as to how to proceed in the face of the threat. We believe that this threat is not privileged since he sent it to a third party.

So … Petition to withdraw? (not likely to be granted) What is our obligation to not have the Court know negative information about the defendant? If we can come up with security measures that don’t make the defendant look more guilty or dangerous, can the client object?

Most of the case law deals with after the assault occurs. I would like to avoid that!

Any suggestions or direction would be much appreciated.

Nathan

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