Motion to Withdraw as Attorney and Request Substitute CJA Counsel — Andrew C. Searle — United States v. Bowens (M.D. Fla., 2023-03-08)

Record facts

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00141-RBD-NWH · Doc. 95 · 2023-03-08 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
 
 
UNITED STATES OF AMERICA, 
) 
 
 
 
 
 
 
) 
 
Plaintiff,  
 
 
 
) 
 
 
 
 
 
 
) 
v. 
 
 
 
 
 
) 
Case No. 6:21-cr-00141-RBD-EJK  
 
 
 
 
 
 
) 
EMMET BOWENS, 
 
 
) 
 
 
 
 
 
 
) 
 
Defendant.  
 
 
) 
 
 
 
 
 
 
) 
 
UNDERSIGNED COUNSEL’S MOTION TO WITHDRAW  
AND REQUEST FOR APPOINTMENT OF SUBSTITUTE  
COUNSEL PURSUANT TO THE CRIMINAL JUSTICE ACT  
 
The undersigned counsel for the Defendant, Emmet Bowens (“Mr. 
Bowens”), hereby moves to withdraw and requests appointment of substitute 
counsel pursuant to the Criminal Justice Act (“CJA”).  In support thereof, the 
undersigned states as follows:  
STATEMENT OF FACTS 
 
Relevant Procedural History  
1. 
On November 10, 2021, a federal grand jury in the Middle District of 
Florida returned an indictment charging Mr. Bowens with two counts of wire 
fraud, in violation of 18 U.S.C. § 1343 (Counts One and Two), and four counts of 
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money laundering, in violation of 18 U.S.C. § 1957 (Counts Three through Six).  
Doc. 1.   
2. 
On December 2, 2021, in Atlanta, Georgia, Mr. Bowens was detained 
and eventually arrested in connection with a warrant issued in this case.   Docs. 7, 
9.    
3. 
  On the same date of his arrest, December 2, 2021, Mr. Bowens had a 
Rule 5(c)(3) initial appearance before a U.S. Magistrate Judge in the Northern 
District of Georgia.   Doc. 7.  At this hearing, the Magistrate Judge set conditions 
of release for Mr. Bowens.   Id. at 4, 7.   
4. 
On December 16, 2021, Mr. Bowens appeared in the Middle District 
of Florida, where this Court held an in-district initial appearance.  Doc. 10.  At this 
hearing, the Court appointed the Federal Public Defender to represent Mr. 
Bowens.  Doc. 13.   
5. 
On February 22, 2022, the Court granted the Federal Public 
Defender’s motion to withdraw and appointed the undersigned to represent Mr. 
Bowens pursuant to the CJA.  Docs. 30, 34, 35.  
6. 
The undersigned has diligently represented Mr. Bowens, including 
reviewing the government’s voluminous discovery production, drafting a lengthy 
legal memorandum for Mr. Bowens’ review, and drafting three substantive 
pretrial motions, which were filed on May 5, 2022.  Docs. 44, 45, 46.  The pretrial 
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motions were: (1) a motion to suppress statements taken from the defendant by 
law enforcement (Doc. 44); (2) a motion to suppress identifications of the 
defendant (Doc. 45); and (3) a motion to dismiss one of the counts in the indictment 
due to improper venue (Doc. 46). The research and drafting of these motions took 
considerable time and effort. 
7. 
Eventually, the undersigned developed a concern that Mr. Bowens 
was not competent to proceed in this case.   On May 6, 2022, the undersigned filed 
a motion for a competency evaluation by a court-appointed expert.  Doc. 47. 
8. 
At a hearing on July 13, 2022, the Court found Mr. Bowens not 
competent to proceed based on a prior psychological evaluation performed by 
Jeffrey A. Danziger, M.D., a court-appointed psychiatrist.   Docs. 75, 78.   
9. 
The Court’s Order finding Mr. Bowen’s incompetent to proceed 
requires that he report to a designated facility on a date set forth by the Bureau of 
Prisons (“BOP”) for competency restoration treatment.  Doc. 78.  The BOP has 
designated the Federal Medical Center in Butner, North Carolina (“FMC Butner”) 
as the facility for Mr. Bowens’ competency restoration treatment, and has 
provided Mr. Bowens’ with a voluntary report date of March 21, 2023.  
10. 
Since the Court’s finding of incompetency, the undersigned has 
maintained regular contact with Mr. Bowens and has filed monthly status reports 
as required by the Court.  See Docs. 80, 83, 84, 87, 88, 89, 90, 92.     
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11. 
As recently as February 21, 2023, the undersigned filed a motion on 
Mr. Bowens’ behalf requesting a modification of the conditions of release to permit 
Mr. Bowens to travel outside of the Middle District of Florida so that he could 
attend a family funeral.  See Docs. 93, 94.  
12. 
Despite the undersigned’s diligence, on March 8, 2023, Mr. Bowens 
discharged the undersigned and instructed the undersigned to file the instant 
motion to withdraw.  Moreover, Mr. Bowens has requested the appointment of 
substitute counsel under the CJA.  
13. 
On March 8, 2023, the undersigned counsel conferred with Assistant 
United States Attorney Chauncey Bratt, who informed the undersigned that the 
government takes no position on the instant motion.   
MEMORANDUM OF LAW 
The Florida Rules of Professional Conduct require an attorney to withdraw 
from the representation of a client if “the lawyer is discharged.”  See Rule 4-
1.16(a)(3) of the Rules Regulating the Florida Bar.  Moreover, the Rules provide 
that an attorney may withdraw from representing a client if, inter alia, “the client 
insists upon taking action that the lawyer considers . . . imprudent, or with which 
the lawyer has fundamental disagreement;” or “other good cause for withdrawal 
exists.”  See Rule 4-1.16(b)(2) and (5) of the Rules Regulating the Florida Bar. 
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At the request of Mr. Bowens and upon careful consideration of the 
confidential facts underlying this motion, the undersigned counsel believes that 
he is ethically required to file this motion seeking to withdraw from further 
representation of Mr. Bowens.  
The Middle District of Florida Local Rules provide, in relevant part: 
If a lawyer appears, the lawyer cannot without leave of court abandon, or 
withdraw from, the action. 
 
(1) To withdraw, a lawyer: 
 
(A) must notify each affected client fourteen days before 
moving to withdraw unless the client consents to withdrawal, and 
 
(B) must file a motion to withdraw that includes: 
 
(i) a certification that the lawyer has provided fourteen days’ 
notice to the client or that the client consents to withdrawal . .  
 
See Rule 2.02(c), M.D. Fla. Local Rules (emphasis added).  
 
Here, the fourteen-day notification period is not required as the 
undersigned certifies that Mr. Bowens consents to the undersigned’s withdrawal.  
Indeed, Mr. Bowens has instructed the undersigned to file the instant motion.   
This motion to withdraw was promptly filed after the undersigned was 
informed by Mr. Bowens that the undersigned had been discharged.  In addition, 
although Mr. Bowens has been found to be incompetent by the Court, the 
undersigned believes that he is ethically bound to file the instant motion, based on 
Mr. Bowens’ discharging the undersigned.   The undersigned further believes that 
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this withdrawal can be accomplished without material adverse effect on the 
interests of Mr. Bowens.  Further still, because the proceedings are on hold due to 
Mr. Bowens’ incompetent status, the appointment of new counsel should not 
unduly delay the resolution of this case.  
To the extent that the Court requires a hearing on the instant motion, the 
undersigned will be out-of-town on a prepaid trip, departing on March 9, 2023 and 
continuing through March 15, 2023.  Therefore, the undersigned respectfully 
requests that any hearings on the instant motion be set on or after March 16, 2023.  
CERTIFICATION OF CONFERRING WITH OPPOSING COUNSEL 
Pursuant to the Court’s Criminal Scheduling Order (Doc. 16), the 
undersigned certifies: (1) that the undersigned counsel conferred with opposing 
counsel; (2) that counsel have been unable to resolve the instant motion by 
agreement, however, opposing counsel takes no position on the instant motion; 
and (3) that the motion concerns matters not covered by the scheduling order. 
 
 
 
 
 
 
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CONCLUSION 
WHEREFORE, the undersigned counsel, Andrew C. Searle, Esq., 
respectfully requests that this Court grant the undersigned leave to withdraw as 
counsel for defendant Emmet Bowens and that substitute counsel be appointed.   
Respectfully submitted on this 8th day of March, 2023. 
                                                                        
s/Andrew C. Searle  
 
                                                                         
ANDREW C. SEARLE, ESQ. 
 
 
Florida Bar No.  0116461  
SEARLE LAW P.A. 
200 East Robinson Street, Suite 1150  
Orlando, Florida 32801  
Telephone: 407-952-0642  
Email: andrew@searle-law.com  
  
Attorney for Defendant 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY on March 8, 2023, I filed a copy of the foregoing with 
the Clerk of the Court via the CM/ECF system. I further certify that all parties to 
this case are equipped to receive service of documents via that system. 
s/Andrew C. Searle 
 
 
                                                                         
ANDREW C. SEARLE, ESQ.  
 
Florida Bar No.  0116461  
SEARLE LAW P.A. 
200 East Robinson Street, Suite 1150  
Orlando, Florida 32801  
Telephone: 407-952-0642 
Email: andrew@searle-law.com  
  
Attorney for Defendant 
 
 
 
 
Case 6:21-cr-00141-RBD-NWH     Document 95     Filed 03/08/23     Page 8 of 8 PageID 287

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