11/25/2009 50 ORDER DIRECTING the Clerk to continue to exclude time in this case only until 11/30/2009 re the 21 Order as to Benjamin Stanley. Signed by Magistrate Judge C. Christopher Hagy on 11/25/2009. (alc) (Entered: 11/25/2009)
Doc 50 extract
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v.
BENJAMIN STANLEY
::::::
CRIMINAL ACTION NO. 1:09-CR-406-TCB-JFK
O R D E R
On November 3, 2009, this Court issued an Order [21] allowing Defendant Stanley until November 13, 2009, to obtain counsel of his choosing or to seek appointed counsel. On November 13, 2009, Defendant appeared and advised the Court that his counsel was on trial and wanted a significant retainer to represent him, but assured the Court that as soon as his preferred counsel was off trial he would be able to meet with and retain him. The Court gave him until the date hereof to retain counsel, but he appeared this date and advised that, while he would have the funds to retain counsel of his choice, he did not have sufficient liquidity at the present time and would not until after December 12, 2009. He did not take the position, however, that he needed appointed counsel - - he simply wanted one particular lawyer and had not yet reached an agreement with him.
The Court strongly advised Defendant Stanley against proceeding pro se, but also advised that it could not continue to delay the case indefinitely while he sought to reach an agreement with one particular counsel. Mr. Stanley was advised that the case must proceed and that, based on his own representations, he appeared to have the assets to retain counsel. Thus, he was told that he would either have to: proceed pro se; to retain counsel, or establish that he cannot afford to retain counsel and ask the Court to appoint counsel for him.
Mr. Stanley elected to proceed pro se for the present. He acknowledged that he knew that was not wise; that he understood that he could ask for court appointed counsel, but that such request would have to be accompanied by a showing of inability to pay for counsel. The Court advised Mr. Stanley that such a showing would not have to establish that he had no assets, but only that he could not hire private counsel with the assets that he has. He was told that if he cannot afford the attorney he has been negotiating with then he needs to talk to others or show such a lack of resources as would allow the Court to determine that defendant cannot afford an experienced and competent criminal defense lawyer.
In its Order of November 3, 2009 [21], the Court directed the clerk to exclude time under the Speedy Trial Act until further order. Defendant, having failed to obtain counsel or to seek court appointed counsel, has elected to proceed pro se. The Court has no confidence that Defendant will retain counsel or seek appointed counsel as long as he can continue this case, and for that reason finds that further delay to give Defendant more time to obtain counsel or to establish his right to appointed counsel is not warranted. Accordingly, the Clerk is DIRECTED to continue to exclude time in this case only until November 30, 2009, which is the first day hereafter following the Thanksgiving holidays and weekend that the Court is officially opened.
IT IS SO ORDERED this 25th day of November, 2009.
_________________________________
C. CHRISTOPHER HAGY
UNITED STATES MAGISTRATE JUDGE |
