PEOPLE'S LEGAL FRONT

IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI

THIRTY-FIRST JUDICIAL DISTRICT

ASSOCIATE DIVISION XXIII

)

CITY OF SPRINGFIELD,    `                                             )

Plaintiff,                                                                               )

                                                                                           ) Case No. 398MU0065

Vs.                                                                                      )

                                                                                           )

Robin C. McDermott,                                                          )

Defendant                                                                           )

DEFENSE OBJECTION TO EX PARTE APPOINTMENT OF COUNSEL AND MOTION TO TAKE JUDICIAL NOTICE

COMES NOW Robin C. McDermott, defendant, and objects to the ex parte appointment of counsel and in support of her objection offers the following:

1. On February 25, 1999 defendant received a letter from attorney Tad Morlan. (copy attached)
2. On February 26, 1999 defendant was informed by attorney Tad Morlan that he sent the attached letter as a result of his being appointed by Judge Thornhill on 9 February 99 as defendant’s counsel, at the behest of Judge Fitzsimmons.
3. This appointment was done without the petition or request of the defendant and against the evident will and intent of the defendant.
4. This appointment was done ex parte as defendant was given no notification nor has received any notice from the court of this activity at any time.
5. There is no docket entry of any such appointment sought or made on 9 February 99 or any other time.
6. There is no notice of appearance by Tad Morlan docketed in this case.
7. At all five dockets called at which defendant was present before the court, defendant has responded to inquiry by the court as to defendant’s continuing intent to proceed pro se in the affirmative and received that information without voiced or written objection of the court.
8. Missouri Supreme Court Rule 2, Cannon 3 A (4) and commentary proscribes initiation of ex parte communications in this manner.

Wherefore defendant most strenuously objects to this ex parte communication by the court, objects to the appointment of Mr. Morlan as defendant’s counsel, and maintains her right to self-representation as affirmed by the United States Supreme Court in Faretta vs California, 422 U.S. 806 for which defendant prays this court take judicial notice.

Respectfully submitted,
_____________________________
Robin C. McDermott, pro se
1601 North Waverly Avenue
Springfield, MO 65803

 
 
 
 

CERTIFICATE OF SERVICE

I hereby certify that the a complete and accurate copy of the foregoing instrument was mailed to Assistant City Attorney Ron Dirickson, postage paid, 625 North Benton, Springfield, MO 65806 on 15 March 98.

SO CERTIFIED: ____________________________

Robin C. McDermott
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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