Counsel for Cirino Gonzalez filed a motion to withdraw representation and request appointment of new counsel due to a complaint filed against him with the state Attorney Discipline Office by Gonzalez's father. The complaint creates a conflict of interest that would impair counsel's ability to exercise independent professional judgment. Counsel also requests delay in proceedings to allow new counsel time to familiarize themselves with the case.
Counsel for Cirino Gonzalez filed a motion to withdraw representation and request appointment of new counsel due to a complaint filed against him with the state Attorney Discipline Office by Gonzalez's father. The complaint creates a conflict of interest that would impair counsel's ability to exercise independent professional judgment. Counsel also requests delay in proceedings to allow new counsel time to familiarize themselves with the case.
Counsel for Cirino Gonzalez filed a motion to withdraw representation and request appointment of new counsel due to a complaint filed against him with the state Attorney Discipline Office by Gonzalez's father. The complaint creates a conflict of interest that would impair counsel's ability to exercise independent professional judgment. Counsel also requests delay in proceedings to allow new counsel time to familiarize themselves with the case.
Counsel for Cirino Gonzalez filed a motion to withdraw representation and request appointment of new counsel due to a complaint filed against him with the state Attorney Discipline Office by Gonzalez's father. The complaint creates a conflict of interest that would impair counsel's ability to exercise independent professional judgment. Counsel also requests delay in proceedings to allow new counsel time to familiarize themselves with the case.
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United States of America
First Circuit Court of Appeals
UNITED STATES
v. 1st Cir. No. 2008-2300
CIRINO GONZALEZ WWW.APPEALSLAWYER.NET
MOTION TO WITHDRAW FROM REPRESENTATION
N OW COMES Joshua L. Gordon, counsel for Cirino Gonzalez, and respectfully requests LAW OFFICE OF JOSHUA L. GORDON • CONCORD, NH •
this honorable court to allow him to withdraw his representation of Mr. Gonzalez.
As grounds it is stated:
1. On February 4, 2009, counsel received a letter from the New Hampshire Supreme
Court, Attorney Discipline Office (“ADO”) (copy attached). The ADO is the authority charged
with enforcing the New Hampshire Rules of Professional Conduct. The letter indicates that the
ADO received a complaint purportedly filed on behalf of the defendant, Cirino Gonzalez. The
complaint was filed by Jose Gonzalez, the defendant’s father.
2. The New Hampshire Rules of Professional Conduct provide that an attorney may not
represent a client when “there is a significant risk that the representation …will be materially
limited by … a personal interest of the lawyer.” N.H. R. PROF. COND. 1.7(a)(2). In light of the
ADO complaint, counsel is concerned that the representation may be effected by his own interest
in avoiding professional discipline, and thus not in accord with the rule. Motion to Electronic Delivery Page 2
3. The rules also provide that “[i]n representing a client, a lawyer shall exercise
independent professional judgment and render candid advice.” N.H. R. PROF. COND. 2.1. In
light of the ADO complaint, counsel is concerned that his judgment and advice may be effected,
and thus not independent in accord with the rule.
4. On behalf of the defendant, counsel requests appointment of new counsel, and a delay
in proceedings to give new counsel time to become familiar with the record. WWW.APPEALSLAWYER.NET
W HEREFORE, Joshua L. Gordon, counsel for Cirino Gonzalez, respectfully requests
this Court to allow him to withdraw, to appoint new counsel for the defendant, and to delay
action on the case sufficient to give new counsel time to become familiar with the record. LAW OFFICE OF JOSHUA L. GORDON • CONCORD, NH •
Respectfully submitted for Cirino Gonzalez by his attorney,
/s/ Dated: February 8, 2010 Joshua L. Gordon, Esq. N.H. Bar. No. 9046 Law Office of Joshua Gordon 26 S. Main St., #175 Concord, NH 03301 603-226-4225
I hereby certify on this 8th day of February 2010, a copy of the foregoing is being forwarded to the office of the United States Attorney.
/s/ Dated: February 8, 2010 Joshua L. Gordon, Esq. New Hampshire Supreme Court Attorney Discipline Office James L. DeHart 4 Chenell Drive, Suite 102 Landya B. McCafferty General Counsel Concord, New Hampshire 03301 Disciplinary Counsel 603-224-5828 ♦. Fax 603-228-9511 Thomas V. Trevethick James L. Kruse Deputy General Counsel Assistant Disciplinary Counsel
Janet F. DeVito Craig A. Calaman, CPA
Assistant General Counsel Staff Auditor
February 2,2010
Mr. Jose M. Gonzalez
P.O. Box4183 Alice, Texas 78333-4183
Re: Grievance against Joshua L. Gordon, Esquire
on behalf of Cirino Gonzalez
Dear Mr. Gonzalez:
I acknowledge you letter of January 20,2010 under a power of attorney from Cirino Gonzalez.
The New Hampshire Supreme Court Attorney Discipline Office processes grievances againstattorneys when there are allegations of professional misconduct. By "professional misconduct," we mean conduct that violates the Rules of Professional Conduct.
In any case in which it is ultimately found that a lawyer has violated the Rules of Professional Conduct, the Professional Conduct Committee imposes or recommends an appropriate sanction. Possible sanctions are reprimand, public censure, suspension or disbarment. The Committee does not have authority to award money, resolve fee disputes, or affect the underlying case.
The letter does not indicate why your son in unable to file his own grievance. If you are going to file a grievance under a power of attorney from him, you will need to provide us with a copy of it.
Also, you will need to provide us with more detail about Joshua L. Gordon and his alleged conduct. Page 2 Mr. Jose M. Gonzalez Re: Grievance against Joshua L. Gordon, Esquire on behalf of Cirino Gonzalez February 2,2010
The types of information needed would include the following:
What court is the case pending in?
What is the current status of the case?
What are the charges against your son?
Was (or is) Mr. Gordon the trial attorney? The appeal attorney? Both? If he was not the trial attorney, did your son seek discovery from the trial attorney at the time of trial?
How long and approximately how many times has your son requested a copy of discovery?
Were the requests by telephone? In person? By letter? If the latter,
did your son keep copies? If so, we would like to see copies.
How did Mr. Gordon respond to the request for discovery?
Are there any other details that will help us to better understand the grievance?
Failure to submit further information within 20 days of the date of this letter, will result in this matter being closed without prejudice based on the failure to comply with this request.
Sincerely,
James L. DeHart General Counsel
JLD/ksc/ cc: \4oshua L. Gordon, Esquire G:\DOCS\Complaint Screening\Requests for More Information\2010 request for moreinfo\gonzalez.2.2.10.doc
United States of America Ex Rel. Anthony Bruno v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, Newyork, 408 F.2d 125, 2d Cir. (1969)
United States of America Ex Rel. Anthony Bruno v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, Newyork, 408 F.2d 125, 2d Cir. (1969)
