United States v. Andrew F. Burton

584 F.2d 485, 189 U.S. App. D.C. 327
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 24, 1978
Docket76-1839
StatusPublished
Cited by217 cases

This text of 584 F.2d 485 (United States v. Andrew F. Burton) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Andrew F. Burton, 584 F.2d 485, 189 U.S. App. D.C. 327 (D.C. Cir. 1978).

Opinions

Opinion for the court filed by MacKIN-NON, Circuit Judge.

Dissenting opinion filed by SPOTTS-WOOD W. ROBINSON, III, Circuit Judge.

MacKINNON, Circuit Judge:

On October 17, 1974 appellant Burton was charged with thirty-five counts of distributing a controlled substance in violation of 21 U.S.C. § 841(a).1 Seven counts were struck on the Government’s motion, and a jury trial commenced on the remaining twenty-eight counts on April 27, 1976. On May 10, the jury returned a verdict finding appellant guilty as charged on the twenty-eight counts.

On April 26, 1976, the date which was originally set for trial, Dovey Roundtree, one of two counsel retained by appellant, filed a motion to withdraw which was granted by the district court. At the same time, appellant moved for a thirty- to sixty-day continuance for the purpose of seeking counsel to replace Roundtree. The court denied this motion, and it is from this ruling that defendant appeals. The issue presented to us is whether the district court’s ruling deprived appellant of his right to choice of counsel thereby violating the Sixth Amendment’s guarantee of “the Assistance of Counsel for [the accused’s] defence.”

I

The Sixth Amendment2 guarantees that a person brought to trial in any federal court must be afforded the right to the assistance of counsel before he can be validly convicted.3 The importance of counsel’s function to the effective operation of our adversary system is unquestioned.4 An [489]*489essential element of the Sixth Amendment’s protection of the right to the assistance of counsel is that a defendant must be afforded a reasonable opportunity to secure counsel of his own choosing. As the Supreme Court stated in Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932), “[i]t is hardly necessary to say that, the right to counsel being conceded, a defendant should be afforded a fair opportunity to secure counsel of his own choice.” 287 U.S. at 53, 53 S.Ct. at 582.5 An accused who is financially able to retain counsel must not be deprived of the opportunity to do so.6

Yet, the right to retain counsel of one’s own choice is not absolute.7 The right “cannot be insisted upon in a manner that will obstruct an orderly procedure in courts of justice, and deprive such courts of the exercise of their inherent powers to control the same.” 8 The public has a strong interest in the prompt, effective, and efficient administration of justice; the public’s interest in the dispensation of justice that is not unreasonably delayed has great force.

In this case, appellant challenges the denial of his motion for a continuance to replace Roundtree, one of his two retained attorneys. It is firmly established that the granting or refusal of a continuance is a matter within the discretion of the judge who hears the application, and is not subject to review absent a clear abuse.9 Yet when the continuance is sought to retain or replace counsel, the defendant’s Sixth Amendment right to the assistance of counsel is implicated.10 In such circumstances, the right to select counsel must be carefully balanced against the public’s interest in the orderly administration of justice.

Thus, the trial judge may not insist on such expeditiousness that counsel for the defendant lacks reasonable time to prepare for trial; stripping away the opportunity to prepare for trial is tantamount to denying altogether the assistance of counsel for the defense. On the other hand, the [490]*490defendant cannot insist on an unnecessary delay or a delay of unreasonable proportions. The condition of most criminal dockets demands reasonably prompt disposition of cases; when cases are set far in advance for a day certain, an unreasonable delay in one case only serves to delay other cases, and this carries the potential for prejudice to the rights of other defendants. ■

Given these countervailing considerations, and recognizing that the court has the right to control its own docket to require that cases proceed in an orderly and timely fashion, the conclusion is inescapable that the court in exercise of a sound discretion may grant or deny motions for continuances. As stated by the Court in Ungar v. Sarafite, 376 U.S. 575, 589, 84 S.Ct. 841, 849, 11 L.Ed.2d 921 (1964),

The matter of a continuance is traditionally within the discretion of the trial judge, and it is not every denial of a request for more time that violates due process even if the party fails to offer evidence or is compelled to defend without counsel. . . . Contrariwise, a myopic insistence upon expeditiousness in the face of a justifiable request for delay can render the right to defend with counsel an empty formality. . . . There are no mechanical tests for deciding when a denial of a continuance is so arbitrary as to violate due process. The answer must be found in the circumstances present in every case, particularly in the reasons presented to the trial judge at the time the request is denied.

376 U.S. at 589, 84 S.Ct. at 849.

We recognize that the right to choice of counsel devolves not only from the due process clause of the Fifth Amendment but also from the more stringent and overlapping standards of the Sixth Amendment.11 This, however, does not alter the fact that the determination of whether the defendant’s right to select his counsel was protected depends upon the circumstances of the particular case. Once a fair and reasonable initial opportunity to retain counsel has been provided, and adequate counsel obtained, the court, mindful of the accused’s interest in having counsel in whom he has confidence, is free to deny a continuance to obtain additional counsel if, upon evaluation of the totality of the circumstances, it reasonably concludes that the delay would be unreasonable in the context of the particular case.

What is a reasonable delay necessarily depends on all the surrounding facts and circumstances. Some of the factors to be considered in the balance include12: the length of the requested delay13; whether other continuances have been requested and granted14; the balanced convenience or inconvenience to the litigants, witnesses, counsel, and the court15; [491]*491whether the requested delay is for legitimate reasons, or whether it is dilatory, purposeful, or contrived16; whether the defendant contributed to the circumstance which gives rise to the request for a continuance 17; whether the defendant has other competent counsel prepared to try the case, including the consideration of whether the other counsel was retained as lead or associate counsel18; whether denying the continuance will result in identifiable prejudice to defendant's case, and if so, whether this prejudice is of a material or- substantial nature19; the complexity of the case20; and other relevant factors which may appear in the context of any particular case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Jersey v. Jamie Catelli
New Jersey Superior Court App Division, 2024
United States v. Raymond
District of Columbia, 2023
United States v. Young-Bey
District of Columbia, 2023
Bibbee v. Bibbee
2018 Ohio 3278 (Ohio Court of Appeals, 2018)
Aaron Craig Hinman v. State
Court of Appeals of Texas, 2018
State v. Lacey
2016 Ohio 1375 (Ohio Court of Appeals, 2016)
United States v. Gordon
77 F. Supp. 3d 95 (District of Columbia, 2015)
Rene Vargas v. The State of Wyoming
2014 WY 53 (Wyoming Supreme Court, 2014)
United States v. Gerald Eiland
738 F.3d 338 (D.C. Circuit, 2013)
State v. Terrence Miller (068558)
76 A.3d 1250 (Supreme Court of New Jersey, 2013)
State v. Hayes
16 A.3d 1028 (Supreme Court of New Jersey, 2011)
Carlson v. Jess
507 F. Supp. 2d 968 (E.D. Wisconsin, 2007)
State v. Wenzlick
841 N.E.2d 408 (Ohio Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
584 F.2d 485, 189 U.S. App. D.C. 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-andrew-f-burton-cadc-1978.