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Motion to Withdraw as Attorney for Defendant — No. 1:22-cr-00079 (Dkt. 18, S.D. Ala.)

Summary

A Motion to Withdraw as Attorney for Defendant, Document 18 filed May 18, 2022 in the Southern District of Alabama (Case 1:22-cr-00079-TFM-B, CR.NO.: 22-79-TFM), United States v. Jason Carl Pears, filed by Barre C. Dumas, appointed under the Criminal Justice Act. Dumas cites a potential conflict of interest because he is general counsel for DiRecManagement, Inc., an accounts receivable collection agency that received a grand jury subpoena on or about June 3, 2021 about a financial transaction with the defendant, and he advised it on its response. An informal opinion from the Alabama State Bar's Office of General Counsel is that a conflict exists, and the defendant understands why the motion was filed. Dumas asks to withdraw and that replacement counsel be appointed.

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“Motion to Withdraw as Attorney for Defendant — No. 1:22-cr-00079 (Dkt. 18, S.D. Ala.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-to-withdraw-as-attorney-for-defendant-no-1-22-cr-00079-dkt-18-s-0670281911/, SHA-256 8afbf2c4fe8ea87f5a30d68365e0fb148abdeedad2405a8496e4e3a83b85f6be.

Full text

Case 1:22-cr-00079-TFM-B Document 18 Filed 05/18/22 Page 1 of 3          PageID #: 72




               IN THE UNITED STATED DISTRICT COURT
              FOR THE SOUTHERN DISTRICT OF ALABAMA
                        SOUTHERN DIVISION



UNITED STATES OF AMERICA

V.                                                         CR.NO.: 22-79-TFM

JASON CARL PEARS



        MOTION TO WITHDRAW AS ATTORNEY FOR DEFENDANT


      Comes Barre C. Dumas (Dumas), attorney for Defendant, and moves the

Court to allow him to withdraw from his representation of the Defendant. Dumas

was appointed by the Court to represent the Defendant pursuant to the Criminal

Justice Act and Dumas’ service as a CJA Panel attorney.

      This request to withdraw is based upon a potential for conflict of interest. In

his civil practice Dumas serves as general counsel for DiRecManagement, Inc.

(DRM) an Alabama domestic corporation that functions as an accounts receivable

collection agency. On or about June 3, 2021, DRM received a subpoena from the

Grand Jury which indicted the Defendant in this case. The subpoena sought

information concerning a financial transaction that took place between DRM and

the Defendant. DRM conferred with Dumas as to how to respond to the subpoena.

Dumas gave advise to DRM in that regard. Dumas did not open a file and did not

sign off on the response of DRM to the Grand Jury. The concern is that Dumas has

represented and advised a potential witness in the Government’s case against the
Case 1:22-cr-00079-TFM-B Document 18 Filed 05/18/22 Page 2 of 3            PageID #: 73




Defendant regarding a matter related to the case. Dumas currently continues to

serve as general counsel of that potential witness.

      Dumas has disclosed this possible conflict to the Defendant, the attorney for

the Government and at the status conference, to Magistrate Judge Cassidy. After

the status conference, an informal opinion was obtained from the Alabama State

Bar. It is the informal opinion of the Office of General Counsel that a conflict exists.

Even with full disclosure and the possibility of consents, waiver of conflicts in

criminal matters are generally disfavored by the Bar.

      Dumas has discussed this situation with the Defendant and Defendant has

expressed his understanding of Dumas’ position that this motion must be filed.

      WHEREFORE, Barre C. Dumas requests permission from the Court to

withdraw from his representation of the Defendant. Defendant requests that he be

appointed counsel to replace Mr. Dumas.



                                               s/Barre C. Dumas
                                               Barre C. Dumas
                                               Attorney for Jason Carl Pears


4320 Downtowner Loop South
Mobile, Al. 36609
251-338-1020


                                 Certificate of Service

      I certify that I have served a copy of the above Motion to Withdraw on the
Defendant by placing a copy of same in the USPO, first class postage prepaid and
addressed as follows:
Case 1:22-cr-00079-TFM-B Document 18 Filed 05/18/22 Page 3 of 3   PageID #: 74




Mr. Jason Carl Pears
302 Fly Creek Avenue
Fairhope, AL. 36532



                                   S/Barre C. Dumas
                                   Barre C. Dumas, Attorney
                                   for Defendant

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