Motion by Court-Appointed Counsel Requesting Leave to Seek Interim Compensation — United States v. Emmet Bowens (Dkt. 85)

Summary

Document 85, filed September 22, 2022 in Case No. 6:21-cr-141-RBD-EJK in the U.S. District Court for the Middle District of Florida, Orlando Division, is a motion by court-appointed counsel for Emmet Bowens requesting leave to seek interim compensation for legal services from his appointment on February 22, 2022 through September 14, 2022. Counsel says he filed three pretrial motions on May 5, 2022 (Docs. 44, 45, 46) and that Mr. Bowens's competency restoration at FMC Butner, with a voluntary surrender date of March 21, 2023, will delay the case. He cites the Criminal Justice Act Guidelines on interim payments and says his September 21, 2022 eVoucher does not exceed the CJA case maximum. He asks leave to submit a second and final eVoucher at the end of the case. The government takes no position.

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Full text

Case 6:21-cr-00141-RBD-NWH     Document 85    Filed 09/22/22   Page 1 of 6 PageID 252




                       UNITED STATES DISTRICT COURT
                        MIDDLE DISTRICT OF FLORIDA
                            ORLANDO DIVISION


 UNITED STATES OF AMERICA,            )
                                      )
       Plaintiff,                     )
                                      )
 v.                                   )      Case No. 6:21-cr-141-RBD-EJK
                                      )
 EMMET BOWENS,                        )
                                      )
       Defendant.                     )
                                      )

  MOTION BY COURT-APPOINTED COUNSEL FOR DEFENDANT EMMET
          BOWENS REQUESTING LEAVE TO SEEK INTERIM
    COMPENSATION FOR LEGAL SERVICES RENDERED TO DATE

       The undersigned court-appointed counsel for Defendant, Emmet Bowens

 (“Mr. Bowens”), hereby files this motion requesting leave to seek interim

 compensation for the legal services the undersigned has rendered in this case,

 from the date of his appointment on February 22, 2022, through and including

 September 14, 2022. In further support thereof, the undersigned states as follows:

       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

 money laundering, in violation of 18 U.S.C. § 1957 (Counts Three through Six).

 Doc. 1.
Case 6:21-cr-00141-RBD-NWH      Document 85    Filed 09/22/22   Page 2 of 6 PageID 253




           2.   The undersigned was appointed to represent Mr. Bowens on

 February 22, 2022, after the Federal Public Defender was granted leave to

 withdraw. Docs. 34, 35.

           3.   On May 5, 2022, the undersigned filed three substantive pretrial

 motions on Mr. Bowens’ behalf: (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.

           4.   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. (“Dr. Danziger”), a court-appointed psychiatrist. Docs.

 75, 78.

           5.   Mr. Bowens has been designated by the Bureau of Prisons to receive

 his competency restoration treatment at the Federal Medical Center in Butner,

 North Carolina (“FMC Butner”). Mr. Bowens is not scheduled to commence his

 treatment until his voluntary surrender date of March 21, 2023.          Once the

 defendant arrives at FMC Butner, he will be hospitalized for a reasonable period

 of time not to exceed four months.




                                          2
Case 6:21-cr-00141-RBD-NWH     Document 85    Filed 09/22/22   Page 3 of 6 PageID 254




       6.    Pursuant to Criminal Justice Act (“CJA”) Guidelines (Guide, Vol. 7A,

 § 230.73.10(a)), “[w]here it is considered necessary and appropriate in a specific

 case, the presiding trial judge may arrange for periodic or interim payments to

 counsel.” Moreover, interim payments to CJA counsel are designed to “strike a

 balance between the interest in relieving court-appointed attorneys of financial

 hardships in extended or complex cases, and the practical application of the

 statutorily imposed responsibility of the chief judge of the circuit to provide a

 meaningful review of claims for excess compensation.” See Guide, Vol. 7A, §

 230.73.10(c); Appx. 2C.

       7.    On September 21, 2022, the undersigned submitted an eVoucher

 seeking compensation for the services rendered from his appointment, on

 February 22, 2022, through and including September 14, 2022. This eVoucher does

 not seek compensation in excess of the current CJA case compensation maximum.

 Based on the undersigned’s reading of the CJA Guidelines and the Middle District

 of Florida’s CJA Plan, it does not appear that an Order from the Court is required

 in order for court-appointed counsel to seek interim compensation in a case.

 Instead, it appears that a memorandum can be submitted to the Court seeking

 approval for interim compensation. Indeed, the undersigned attached to his

 eVoucher a detailed memorandum supporting his request for interim

 compensation in this case. However, in an abundance of caution, the undersigned


                                         3
Case 6:21-cr-00141-RBD-NWH     Document 85    Filed 09/22/22   Page 4 of 6 PageID 255




 now also moves for an Order from the Court granting him leave to pursue an

 interim compensation claim via the eVoucher system.

       8.     Based on the information set forth herein, the undersigned believes

 that interim compensation is justified in this case and would relieve the

 undersigned of financial hardship.     Mr. Bowens’ competency restoration will

 delay this case at least until the spring or summer of next year. In addition, the

 undersigned has filed three substantive pretrial motions, which the Court will

 need to hear once the defendant’s competency has been restored. See Doc. 82.

 Thus, this case has become an extended case that justifies the undersigned’s

 request for interim compensation.

       9.     As noted, the undersigned has requested interim compensation for

 the services rendered from the date of appointment, on February 22, 2022, through

 and including September 14, 2022. At this juncture, this is the only eVoucher

 seeking interim compensation that the undersigned plans to submit. At the

 conclusion of this case, the undersigned will submit a second and final eVoucher

 seeking compensation for the services rendered from September 15, 2022 to the

 conclusion of the case.    If necessary, in this second and final eVoucher, the

 undersigned will address whether or not compensation in excess of the CJA

 compensation maximum should be awarded in this case pursuant to CJA Guide,

 Vol. 7A, § 230.23.40.


                                         4
Case 6:21-cr-00141-RBD-NWH     Document 85    Filed 09/22/22   Page 5 of 6 PageID 256




                                 CONCLUSION

       WHEREFORE, the undersigned court-appointed counsel for the defendant,

 Emmet Bowens, respectfully requests that this Court enter an Order granting the

 undersigned leave to seek interim compensation in this case via the eVoucher

 system for services rendered to date, and granting the undersigned leave to submit

 a second and final eVoucher at the conclusion of this case seeking compensation

 for any services rendered after the time period claimed in the first eVoucher

 through the conclusion of the case.

       Respectfully submitted on this 22nd day of September, 2022.

                                             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: 407-203-3715
                                             Email: andrew@searle-law.com
                                             Attorney for Defendant




                                         5
Case 6:21-cr-00141-RBD-NWH      Document 85     Filed 09/22/22   Page 6 of 6 PageID 257




                       LOCAL RULE 3.01(g) CERTIFICATE

       Pursuant to Local Rule 3.01(g), on September 22, 2022 the undersigned

 conferred via email with opposing counsel, Assistant United States Attorney

 Amanda Daniels, who informed the undersigned that the government takes no

 position on this motion.


                            CERTIFICATE OF SERVICE

       I HEREBY CERTIFY on September 22, 2022 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: 407-203-3715
                                              Email: andrew@searle-law.com
                                              Attorney for Defendant




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