 |
|
|
|
|
|
|
|
 |
|
||||||
|
|||||||
you are here: > Oceanic Union Judicial Code
> Article 68
 |
11. General
principles of criminal defense
|
|
| Article 68-Suspension of representation | ||
| 68.1 | Suspension of representation | |
| A defendant has the right to suspend their representation on the basis of legal competence if upon appeal to the judge/magistrate such argument and example is used (with the jury excused) showing specific example of such incompetence. | ||
| Upon being gven one specific example by the defendant, including the application to suspend representation, the judge/magistrate must then suspend and release the attorney at the wishes of the defendant. | ||
| However, if no reasonable example is provided and in the mind of the judge, such action by the defendant is shown to be a maneuvre to delay and/or disrupt court proceedings, then the judge may deny the application. | ||
| 68.2 | No ground for an appeal | |
| If in the deliberation of the judge/magistrate the application for suspension of representation by a defendant was seen to be based on insufficient/deficient evidence or on the basis of a disruptive obstruction then such a deliberation is no grounds for an appeal by the defendant. | ||
| However, if evidence is presented on the question of legal competence and denied by the judge/magistrate then such action may be grounds for an appeal. | ||
| 68.3 | Replacement of representation | |
| Upon suspension of representation, the defendant must make immediate action to have their representation secured by a new attorney within four (4) days so the suspension being approved, or face the court appointing legal representation. | ||
| 68.4 | May not suspend representation more than twice | |
| A defendant may not successfully suspend their representation more than twice during a case. | ||
Copyright © 1999-2007 Oceanic-Union.Org. All rights reserved. |
||