[13 FSM Intrm. 157]
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[13 FSM Intrm. 158]
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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. Palsisís 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. Palsisís 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 Innocentiís (and Market Wholesaleís) counsel.
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