USA v. Martinez

• Court: District Court, D. New Hampshire
• Decided: December 17, 1996
• Docket: CR-96-086-M
• Status: Published

Opinion

USA v. Martinez CR-96-086-M 12/17/96

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America, Plaintiff,

v. Criminal No. 96-86-1-M

Carlos Martinez, Defendant.

O R D E R

The defendant is indigent and apparently homeless. He has

been detained pending trial in the custody of the Attorney

General of the United States. The Attorney General delivered the

defendant for jury trial inappropriately dressed in shorts and a

sweatshirt. The court determined that the defendant should not

be prejudiced by his appearance, and directed the United States

Marshal to make an effort to obtain clothing suitable for wear in

a United States Court from the Salvation Army or Goodwill

organizations, and directed appointed defense counsel to

accompany the Marshal to assist in obtaining clothing appropriate

to the seriousness of the matter on trial.

The Marshal objects on regulatory and other grounds.

Accordingly, the court, in aid of its jurisdiction, formalizes

its order to make clear that the Marshal's performance of this

duty is pursuant to court order, is considered by the court to be

official business, that the Executive Branch in the first

instance bears the responsibility to present indigent defendants

appropriately attired for trial, and that this trial will not go forward unless and until the defendant is suitably clothed.

In this court's opinion, indigent defendants do have a

right, probably under the due process clause, not to be

involuntarily presented to a criminal jury in disreputable and

inappropriate clothing.

As the jury panel is present and time constraints do not

permit the government to brief the Marshal's apparent position

that it is not the Attorney General's responsibility to insure

that indigent defendants in her custody appear in court suitably

dressed, and the court is unable to research the issue prior to

jury selection, the court has taken it upon itself to resolve the

problem as noted.

SO ORDERED.

Steven J. McAuliffe United States District Judge

December 17, 1996

cc: Nancy Hart, AUSA Sven Wiberg, Esg. United States Probation United States Marshal