People v. McIntosh

• Court: Superior Court of Guam
• Decided: January 22, 2024
• Docket: CF0343-22
• Status: Unknown

Opinion

f.~·1LED SUPERIOR COURT bF GUAM

202~ JAN 22 AM 8: 49 2 ~gRKOF0 3 B,X:~----------- 4 IN THE SUPERIOR COURT OF GUAM 5

6 PEOPLE OF GUAM ) CRIMINAL CASE NO. CF343-22 ) GPD REPORT NOS. 21-10914/22-13561 7 vs. ) s RICKEY CHRIS MCINTOSH, JR., ~ aka Rickey Chris McIntosh, aka Ricky Chris ) DECISION AND ORDER GRANTING 9 Mcintosh, aka Ricky Chris McIntosh, Jr., aka MOTION TO WITHDRAW AS COUNSEL Joey Tole Chariss Santiago, ) AND ORDER APPOINTING 10 DOB:3/15/1977 ~ NEW COUNSEL 11 Defendant. ) ) 12 ) 13 ---------------- This matter came before the Honorable Judge Maria T. Cenzon on Attorney Rodney 14 Jacob's ("Attorney Jacob") Motion to Withdraw as Appointed Counsel (the "Motion") to 15

16 Defendant Rickey Chris McIntosh, Jr.'s ("Defendant") filed on November 22, 2023. Present at

17 the hearing on the Motion on November 28, 2023, were Defendant, Attorney Jacob and Assistant 18 Attorney General Christine Tenorio. During the hearing, Attorney Jacob sought relief from the 19 order appointing him to represent Defendant, citing numerous reasons under the Guam Local 20

21 Rules of Professional Conduct Rule 1.16, including a potential violation of the rules of

22 professional conduct as well as for other good cause. Mot. at 2. 23 The basis for Attorney Jacob's Motion relating to a potential violation of the ethics rules 24 involved the naming of Sophia Diaz as a government witness, as she has a "close personal 25 relationship" with Attorney Jacob which "relationship will affect the zealous representation of 26

28 People vs. McIntosh, Criminal Case No. CF0343-22 Order Granting Motion to Withdraw as Counsel and Appointing New Counsel I Defendant." Id. The People, however, disclosed that it did not intend to call Ms. Diaz as a witness

2 during the trial of this matter, thereby making moot those grounds. Min. of Pre-trial Conf at

] 9:43:22 AM to 9:44:38 AM (Nov. 28, 2023). 4 Attorney Jacob further proffered as additional grounds for relief that he and other 5 members of his firm CALVO JACOB & PANGELINAN LLP (the·"Firm") had been appointed 6

7 to several criminal cases in 2023, with four cases having been specifically assigned to him. The

s Court ordered Attorney Jacob to submit further information regarding the court-appointed cases

9 to which he and other members of the Firm have been appointed pursuant to the Supreme Court 10 of Guam Promulgation Order No. 06-006-25 (the "Promulgation Order") providing for an interim II procedure for the appointment of indigent legal counsel for criminal misdemeanor and felony 12

13 defendants. Id at 9:40:53AM to 9:50: 11AM (Nov. 28, 2023). On November 29, 2024, Attorney

14 Jacob submitted a Declaration indicating that the Firm, through its members, has been appointed 15 to a total of 11 criminal felony cases in 2023, 7 of which continue to be active. Jacob Deel. at ,,r 16 4- 7. 17 The Promulgation Order mandates that "each Judge of the Superior Court shall appoint 18

19 counsel in the order set forth below: (1) the Public Defender Service Corporation; (2) the

20 Alternate Public Defender Office (3) [SUSPENDED]; and (4) Active members of the Guam Bar 21 Association, from a membership list as approved by the Supreme Court." The Promulgation Order 22 allows a trial court to "appoint counsel in derogation of the order set forth above for good cause 23

24 shown, such good cause to be entered on the record."

25 II II 26

28 People vs. McIntosh, Criminal Case No. CF0343-22 Order Granting Motion to Withdraw as Counsel and Appointing New Counsel 2 In this case, the Court finds the following factors constitute "good cause" under the

2 Promulgation Order supporting Attorney Jacob's Motion permitting him to withdraw and to

3 appoint new counsel in derogation of the order set forth in the Promulgation Order: 4 (1) Attorney Jacob has been appointed to represent criminal defendants in four felony 5 cases, including the instant matter. Jacob Deel. at 1 4. 6

7 (2) The Firm has been appointed to represent eleven ( 11) indigent defendants in felony

8 cases, in total, for 2023, and following the issuance of the Promulgation Order, was

9 appointed in four felony criminal cases within the span of ten ( 10) days. Jacob Deel. 10

11 (3) The court-appointed cases have placed an unreasonable burden on the Firm and its 12

13 staff in order to prepare for the several trials of these felony cases. Jacob Deel. at ilil

14 3, 8. 15 Therefore, for the reasons set forth herein, it is hereqy ORDERED that Attorney Jacob is 16 relieved from representing the Defendant in this matter. ~£U'\ \l'lllfsi \ ~1'1 lS 17 hereby APPOINTED to represent Defendant. 18

19 Attorney Jacob is further ORDERED to forward all discovery to Defendant's new

20 JOi!vwl~ JO I 'J:m'\ at the hour of 'I :oo a..m. counsel. Further Proceedings shall be held on 21 SO ORDERED thi/~day of January, 20~f~[K<- ·· 22 ... ~ ·

23 SERVICE VIA EMlUL I acmowledge Iha! an electronic 24 copy of the original was e-mailed to: . RIA T. CENZON 2S A~'i ¥1'1~~ ~~,, Judg~, Supefiot Court of Guam -~,..-~:.- .ri.. ~..ti"' 26 Date: : 1~tt., 27 ~w--il) G Deputy Clerk, Superior Court of Guam

28 People vs. McIntosh, Criminal Case No. CF0343-22 Order Granting Motion to Withdraw as Counsel and Appointing New Counsel 3