November 07, 2017, 09:11
ekquisenberryAWOL Defense Attorney
Out-of-town attorney appears as retained counsel for Defendant on two cases. Meets with prosecutors. Case set for trial. Discovery not completed yet.
In attempting to contact attorney to complete discovery/discuss trial, State cannot find defense attorney. Phone number inactive. Fax number inactive. E-mail bounces back. Web site shut down. Physical mail returns to sender. E-mail through State Bar bounces back.
Client appears at trial date (higher-ranked case went anyway) without attorney and says he hasn't heard from attorney either, doesn't have any contact information Court doesn't have already.
What options does the Court have so we can look to proceed with this case?
November 07, 2017, 11:02
Larry LMaybe get the Court to sign an ORDER for the defendant's attorney to appear (maybe by a motion to have the attorney appear and show cause ...?), send copy of order to attorney's State Bar address by certified mail. But - you still have the issue of getting the case tried. For that issue, advise defendant that he can request that counsel be appointed (he may not have funds to hire counsel since he likely paid the non-appearing attorney). My 2 cents