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Home Court filings Karen Chapon case — U.S. District Court, D. Nev. Motion to Withdraw as Counsel and Request for Appointment of Conflict-Free Counsel — United States v. Chapon (Dkt. 123, D. Nev.)

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Motion to Withdraw as Counsel and Request for Appointment of Conflict-Free Counsel — United States v. Chapon (Dkt. 123, D. Nev.)

Summary

A Motion to Withdraw as Counsel and Request for Appointment of Conflict-Free Counsel in United States of America v. Karen Chapon, Case No. 2:20-CR-00286-JCM-NJK, in the U.S. District Court for the District of Nevada, filed October 6, 2023 with expedited treatment requested. Assistant Federal Public Defender Brian Pugh states that on October 4, 2023 he learned of a conflict of interest in continuing to represent Ms. Chapon. The motion states that disclosing the conflict would violate attorney-client privilege, but that the Federal Public Defender's Office has reviewed it and concluded that a conflict exists. An attached order granting the motion is dated in October 2023.

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Filed October 6, 2023 in Karen Chapon; one of 10 filings from this case.

Record facts

CourtU.S. District Court for the District of Nevada
Filed2023-10-06

Cite this document

“Motion to Withdraw as Counsel and Request for Appointment of Conflict-Free Counsel — United States v. Chapon (Dkt. 123, D. Nev.).” U.S. District Court for the District of Nevada, No. 2:20-cr-00286, Doc. 123, filed 2023-10-06. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-karen-chapon/2023-10-06-motion-to-withdraw-as-counsel-and-request-for-appointment-of-dkt-123/, SHA-256 3b5efaf39e4930a7d8dad50693f35d226507dccf10e1290ae202b4c7b6900482.

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Full text

Case 2:20-cr-00286-JCM-NJK Document 123 Filed 10/06/23 Page 1 of 3




 1   RENE L. VALLADARES
     Federal Public Defender
 2   State Bar No. 11479
     BRIAN PUGH
     Assistant Federal Public Defender
 3   Law Office of the Federal Public Defender
     411 E. Bonneville Avenue, Suite 250
 4   Las Vegas, Nevada 89101
     (702) 388-6577/Phone
 5   (702) 388-6261/Fax
     Brian_Pugh@fd.org
 6   Attorney for Karen Chapon

 7
                                  UNITED STATES DISTRICT COURT
 8
                                          DISTRICT OF NEVADA
 9                                               -oOo-
10   UNITED STATES OF AMERICA,                       )
                                                     )    Case No. 2:20-CR-00286-JCM-NJK
11                   Plaintiff,                      )
                                                     )    MOTION TO WITHDRAW AS
12                                                   )    COUNSEL AND REQUEST FOR
            vs.                                      )    APPOINTMENT OF CONFLICT-
                                                     )    FREE COUNSEL
13   KAREN CHAPON,                                   )    (Expedited treatment requested)
                                                     )
14                   Defendant.                      )
                                                     )
15

16          On behalf of the Defendant, Karen Chapon, Assistant Federal Public Defender Brian

17   Pugh, files this Motion to Withdraw as Counsel and Request for Appointment of Conflict-Free

18   Counsel, and states the following:

19          On October 4, 2023, undersigned counsel learned of a conflict of interest in continuing to

20   represent Ms. Chapon. Undersigned counsel investigated and researched the nature of the conflict
     before filing this motion.
21
            Disclosure of the conflict would violate Ms. Chapon’s attorney-client privilege; however,
22
     the Federal Public Defender’s Office has staffed the purported conflict and has concluded that a
23   conflict in this matter does in fact exit regarding the continued representation of Ms. Chapon. The
24   conflict prevents undersigned counsel and the Office of the Federal Public Defender of Nevada

           Case 2:20-cr-00286-JCM-NJK Document 123 Filed 10/06/23 Page 2 of 3




 1   from providing zealous, conflict-free representation during all stages of Mr. Chapon’s

 2   criminal proceedings.
            Because of the conflict of interest, undersigned counsel moves to withdraw
 3
     immediately as counsel. In addition, undersigned counsel requests immediate appointment of
 4
     independent, conflict-free counsel for Ms. Chapon.
 5          Undersigned counsel does not file this motion lightly. Nor is he filing this motion for any
 6   improper purpose or to delay. Rather, counsel is concerned about the need to appoint conflict-

 7   free counsel as soon as possible because sentencing in this case is scheduled for November 29,
     2023. ECF No. 118.
 8
            The undersigned is mailing a copy this motion to Ms. Chapon today as required by LR
 9
     IA 10-6(b).
10                                             Conclusion
11          A conflict in this matter exits regarding the continued representation of Ms. Chapon. The

12   conflict prevents undersigned counsel and the Office of the Federal Public Defender of Nevada
     from providing zealous, conflict-free representation during all stages of Ms. Chapon’s
13
     criminal proceedings.
14
            In light of the conflict of interest, undersigned counsel requests permission to
15   withdraw immediately as counsel and requests the immediate appointment of independent,
16   conflict-free counsel for Ms. Chapon.

17          Respectfully submitted this 4th day of October, 2023.

18                                                    RENE L. VALLADARES
                                                      Federal Public Defender
19
                                                      By /s/ Brian Pugh
20
                                                      BRIAN PUGH
                                                      Assistant Federal Public Defender
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          Case 2:20-cr-00286-JCM-NJK Document 123 Filed 10/06/23 Page 3 of 3




 1                             UNITED STATES DISTRICT COURT

 2                                   DISTRICT OF NEVADA

 3   UNITED STATES OF AMERICA,                     Case No. 2:20-CR-00286-JCM-NJK
 4                Plaintiff,                       ORDER

 5         v.
     KAREN CHAPON,
 6
                  Defendant.
 7

 8
           IT IS THEREFORE ORDERED that the foregoing Motion to Withdraw as Counsel and
 9
     Request for Appointment of Conflict-Free Counsel is hereby GRANTED.
10
           Dated this ____ 6,
                  October  day of October, 2023.
                              2023.
11

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                                               UNITED STATES DISTRICT JUDGE
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