Court filing
Paed.569219.32.0 - Us V Williams Cisco
One of 3 filings in U.S. v. Williams Cisco.
What This Document Is
A 5-page motion filed July 23, 2021 by Williams's retained defense lawyers, Troy A. Archie and Tamika Mckoy, seeking leave to withdraw. The filing comprises a one-page notice of motion, a detailed certification by Archie (the substantive core), and an unexecuted proposed order (blank date and signature lines). Exhibit A, filed as attachment 32-1, is Williams's CJA-23 financial affidavit.
Factual Summary
Archie's certification states that Williams "consistently has failed to meet certain financial obligations" under their written fee agreement since about April 2021, held no advance retainer, carried an outstanding balance, and told counsel as recently as July 10, 2021 that he had no intention of paying further fees for trial preparation or trial — while still intending to proceed to trial. Counsel invokes Pennsylvania Rules of Professional Conduct 1.16(b)(5) and (b)(6) (failure to fulfill obligations after warning; unreasonable financial burden), and describes a "growing economic 'conflict'" in which continued representation would only enlarge the unpaid debt and could force collection litigation against his own client. The certification also gives the government's trial estimate — at least approximately 10 witnesses, 1-2 weeks and possibly a third — and states Williams could not afford Cornerstone Legal Consultants for trial-presentation support, leaving him at "a distinct disadvantage at trial."
Paragraph 10 supplies the case's second on-record COVID-19 fact: Williams "has lingering health issues from contracting Covid-19 earlier this year and was recently hospitalized in Texas for additional health problems," leaving him unable to work consistently and dependent on his wife's income. Archie adds that he offered to remain if appointed under the Criminal Justice Act but is a New Jersey panel member (since 2002), not an E.D. Pa. panel member, and expected the case to go to an E.D. Pa. panel lawyer or the Federal Defender's Office — which is what the court's August 4, 2021 order (Doc. 33) did.
Key Facts
- Filed July 23, 2021 by retained counsel Archie and Mckoy; government did not oppose (per Doc. 33).
- Ground: nonpayment of fees since about April 2021, no retainer on hand, client stated July 10, 2021 he would not pay for trial preparation while still demanding trial.
- Government's trial estimate on record: at least ~10 witnesses, 1-2 weeks of trial, possibly three.
- States Williams had lingering health issues from contracting COVID-19 in early 2021, a recent Texas hospitalization, and inability to work — his household relying on his wife's income.
- Granted by Doc. 33 (Aug. 4, 2021), which appointed the Federal Community Defender Office; the order at page 5 of this filing is an unexecuted proposal only.
Source Caveats
- The fee-dispute account, the COVID-19 illness statement, and the trial estimate are counsel's certification, not adjudicated findings; the court credited the financial-conflict ground in Doc. 33.
- The order at page 5 is an unexecuted proposed order (blank date and signature lines); the operative ruling is Doc. 33.
- No canonical source page exists for this document; none has been fabricated (this document was not part of the original site registry — see the case-level SUMMARY.md registry-gap note).
No. 2:20-cr-00143-JMG · Doc. 32 · Docket on CourtListener
Full text
Case 2:20-cr-00143-JMG Document 32 Filed 07/23/21 Page 1 of 5
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
PENNSYLVANIA
UNITED STATES OF AMERICA, :
: Criminal No. 2:20-cr-00143-JMG
v. :
:
JEREL ANDRE WILLIAMS :
MOTION TO WITHDRAW AS COUNSEL
TO: Mr. Jerel Andre Williams
(by certified mail, RRR; regular mail; e-mail)
Michael Lowe, Esquire
Assistant United States Attorneys
(by electronic filing)
PLEASE TAKE NOTICE that on a date to be set by the Court, the undersigned
counsel, pursuant to U.S. District Court for the Eastern District of Pennsylvania Local Civil
Rule 83.6 and 234 PA Code §120 and Rule 1.7., hereby moves the Court for leave to withdraw
their appearance as counsel for defendant JEREL ANDRE WILLIAMS in the above-captioned
case. In support thereof, the undersigned counsel will rely on the attached certification of
counsel, and oral argument (if any).
Respectfully submitted,
/s/ Troy A. Archie, Esq.
Troy A. Archie, Esquire
Dated: July 23, 2021
/s/ Tamika Mckoy, Esq.
Tamika Mckoy, Esquire
Case 2:20-cr-00143-JMG Document 32 Filed 07/23/21 Page 2 of 5
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
PENNSYLVANIA
UNITED STATES OF AMERICA, :
: Criminal No. 2:20-cr-00143-JMG
v. :
:
JEREL ANDRE WILLIAMS :
CERTIFICATION IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL AND
OF SERVICE
I, Troy A. Archie, Esquire, hereby certify as follows:
1. I represent the defendant in the above-captioned matter.
2. Mr. Williams consistently has failed to meet certain financial obligations under the
terms of our long-standing written fee agreement, despite numerous oral and written
requests that he do so since in or about April of 2021. He has not provided an additional
advance retainer for anticipated services in connection with the trial preparation or trial
of this matter despite several requests orally and in writing since at least April of 2021.
Mr. Williams has advised as recently as July 10, 2021 that he has no intention of
providing additional legal fees for trial preparation or trial, despite his intention to
proceed to trial in this matter, and despite that he has no advance retainer fees currently
maintained by counsel (nor has he for some time).Indeed, there is currently a balance
due on Mr. Williams’ account.
3. My office has notified Mr. Williams on several occasions in writing and orally of my
intention to withdraw unless his obligations are fulfilled, and I have granted
indulgences at his request to delay the filing of this motion, for him to provide
additional advance retainer regarding the substantial legal fees for trial preparation
and trial that will be incurred. The government advised that it has at least
approximately 10 witnesses, and that trial will take 1-2 weeks and may spill into a
third week, based on Mr. Williams anticipated defense. Further, Mr. Williams cannot
meet his financial obligation to retain Cornerstone Legal Consultants from trial
assistance and digital presentation.
Case 2:20-cr-00143-JMG Document 32 Filed 07/23/21 Page 3 of 5
4. Mr. Williams has failed “substantially to fulfill an obligation to the lawyer regarding the
lawyer's services and has been given reasonable warning that the lawyer will withdraw
unless the obligation is fulfilled.” PA.R.P.C. 1.16(b)(5).
5. I have made numerous unsuccessful attempts at resolving the economic issues between
Mr. Williams and myself. Mr. Williams advised on 7-10-2021 that he does not intend
to pay me going forward.
6. Mr. Williams also has made communications to me characterizing my office’s
collection efforts, to which I responded directly to Mr. Williams.
7. Compelled continued representation only would cause Mr. Williams’ unpaid legal fees
to grow substantially further. Indeed, Mr. Williams currently maintains an outstanding
balance to this firm. There would be no recourse except for the undersigned to seek
collection against Mr. Williams, and indeed such presents a conflict situation.
8. Being in a position of growing economic “conflict” with Mr. Williams as his legal fees
would continue to mount, with Mr. Williams advising me that he both will not and
cannot satisfy financial obligations to me, coupled with his inability to retain trial
support from Cornerstone Legal Consultant in a case with thousands of pages of
discovery puts Mr. Williams and a distinct disadvantage at trial.
9. In light of the above circumstances, continued representation by me will result in an
unreasonable financial burden on my office.
PA Professional Conduct (RPC) 1.16(b)(6).
10. I have spoken to Mr. Williams and he has lingering health issues from contracting
Covid-19 earlier this year and was recently hospitalized in Texas for additional health
problems. As a result he has been unable to work consistently and relies in his wife for
income presently.
11. Therefore, based on the foregoing, I respectfully request leave of Court to withdraw
my appearance as counsel and to be relieved of any obligation to perform any legal
services for Mr. Williams.
12. I hereby certify that I personally e-mailed a copy of the motion to withdraw as counsel,
this certification, and the proposed form of Order to defendant Jerel Andre Williams, also
caused a copy to be served upon Mr. Williams by certified United States mail RRR, as
Case 2:20-cr-00143-JMG Document 32 Filed 07/23/21 Page 4 of 5
well as by regular United States mail.
13. All the above information applies equally to Tamika Mckoy, Esq. who was assisting
Troy A. Archie on the case.
14. I, Troy a. Archie, advised Mr. Williams that I am willing to remain on the case if the
court were to appointment under the CJA Act. However, I am not on the Eastern District
of Pennsylvania panel. I am a New Jersey panel member since 2002 and also have
multiple appointments in the Third Circuit Court of Appeals, and that the court will
likely send his case to an Eastern District of Pennsylvania panel member on the Federal
Defendants Office.
Respectfully submitted,
/s/ Troy A. Archie
Troy Archie, Esquire
Dated: July 23, 2021
Case 2:20-cr-00143-JMG Document 32 Filed 07/23/21 Page 5 of 5
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
PENNSYLVANIA
UNITED STATES OF AMERICA, :
: Criminal No. 2:20-cr-00143-JMG
v. :
:
JEREL ANDRE WILLIAMS :
ORDER PERMITTING
WITHDRAWAL AS COUNSEL
THIS MATTER having been opened to the Court upon the Motion of Troy A. Archie
and Tamika Mckoy, Esquire for leave of Court to withdraw as counsel for defendant JEREL
ANDRE WILLIAMS; the Court having considered the Certification of Troy A. Archie and
Tamkia Mckoy in support of said motion; the Court having found that good cause exists for
granting the motion,
IT IS on this day of , 2021, hereby
ORDERED that the motion of Troy A. Archie, Esquire to withdraw as counsel for
defendant JEREL ANDRE WILLIAMS is GRANTED, and that Troy a. Archie and Tamika
Mckoy shall not be required to perform any further legal services for, or to represent defendant
regarding the above-captioned case.
HONORABLE John M. Gallaghen
United States District Judge
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