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Federated States of Micronesia v Kansou [2005] FMSC 5; 13 FSM Intrm. 157 (Chk. 2005) (24 February 2005)

FEDERATED STATES OF MICRONESIA
SUPREME COURT TRIAL DIVISION
Cite case as Federated States of Micronesia v Kansou, [2005] FMSC 5; 13 FSM Intrm. 157 (Chk. 2005)

FEDERATED STATES OF MICRONESIA,
Plaintiff,

vs.

ROOSEVELT D. KANSOU, SIMEON R. INNOCENTI,
JOHN PETEWON, JAMES FRITZ, MEMORINA
KANSOU, JOHN ENGICHY a/k/a AISER JOHN
ENGICHY, ROSEMARY ENGICHY a/k/a ROSEMARY
NAKAYAMA, FRANK DARRA, FRANK CHOLYMAY,
EM-R, RIBC AGGREGATES INC., MARKET
WHOLESALE, K & I ENTERPRISES, INC., and SOLID
BUILDERS AND TRADING SERVICES,
Defendants.

__________________________________________________

CRIMINAL CASE NO. 2003-1508

ORDER DENYING WITHDRAWAL OF COUNSEL

Richard H. Benson
Specially Assigned Justice

Decided: February 24, 2005

APPEARANCE:

For the Defendants (Innocenti & Market Wholesale):
Canney Palsis, Esq.
P.O. Box 38
Tofol, Kosrae FM 96944

* * * *

HEADNOTES

Attorney, Trial Counselor and Client - Withdrawal of Counsel
That an appointed lawyer is busy is insufficient to permit his withdrawal since lawyers are generally busy and because one cause of this, the lawyer’s status as a state constitutional convention delegate, is of limited duration and will end before this case progresses much further. FSM v. Kansou, [2005] FMSC 5; 13 FSM Intrm. 157, 158 (Chk. 2005).

Attorney, Trial Counselor and Client - Withdrawal of Counsel
That a criminal defendant is not comfortable with an appointed attorney because most of the counsel’s experience was with civil cases and has asked counsel assist him in finding an attorney or attorneys with a criminal background is insufficient to permit withdrawal of counsel since every defendant facing prosecution would like an attorney with the most criminal experience possible and with more experience than the one they have got. But none are available that the court can appoint since the amount of legal talent available in the Federated States of Micronesia and admitted to practice before the FSM Supreme Court is limited. FSM v. Kansou, [2005] FMSC 5; 13 FSM Intrm. 157, 158 (Chk. 2005).

[13 FSM Intrm.173]

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COURT’S OPINION

RICHARD H. BENSON, Specially Assigned Justice:

On February 21, 2005, the court received by facsimile transmission from Canney Palsis, Esq., appointed counsel for Simeon Innocenti (and Market Wholesale, a sole proprietorship of Simeon Innocenti), a motion to vacate the order appointing him as counsel for Simeon Innocenti with the supporting affidavits of Canney Palsis and Walberg Hadley and a request to permit the papers to be filed by fax since February 21, 2005 was the deadline to file such a motion. The request to file by fax is granted, provided that the original and one copy are promptly mailed.

The withdrawal motion advances two grounds to justify Mr. Palsis’s withdrawal and the appointment of new counsel: (1) that defendant Innocenti is not comfortable with him because most of his experience was with civil cases and asked that counsel assist Innocenti in finding an attorney or attorneys with a criminal background and (2) that Palsis is busy with other work.

The second ground is insufficient to permit withdrawal. Lawyers are generally busy. One cause of this, Mr. Palsis’s status as a state constitutional convention delegate is of limited duration and will end before this case progresses much further. The first ground is also insufficient. Every defendant facing prosecution would like an attorney with the most criminal experience possible and with more experience than the one they have got. None are available that the court can appoint. The amount of legal talent available in the Federated States of Micronesia and admitted to practice before this court is limited.

Special cause having been shown, now therefore it is hereby ordered that the request to file by facsimile transmission is granted provided that an original and a copy are mailed promptly, and it is further ordered that the motion to withdraw is denied and that Canney Palsis remains Simeon Innocenti’s (and Market Wholesale’s) counsel.

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[13 FSM Intrm.174]