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U.S. v. BAUM

United States District Court, S.D. New York


August 12, 2004.

UNITED STATES OF AMERICA,
v.
NINA BAUM, a/k/a Nina Best, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

It has come to the Court's attention that it recently approved one or more transcript orders submitted by defendant pro se at a time when she was represented by counsel. In the circumstances, those approvals were mistaken and are vacated.

Early in this matter, plaintiff submitted a financial affidavit and sought appointment of counsel compensated under the Criminal Justice Act. Plaintiff at that time was involved in a divorce proceeding, and the timing and amount of any property award or settlement she would receive were unclear. The Court therefore appointed CJA counsel in light of plaintiff's claim that she was not then able to pay counsel, subject to the possibility that the Court would require her to reimburse the government, in whole or in part, for the defense costs.

  On April 28, 2003, David B. Stern, Esq., appeared with plaintiff and was substituted for CJA-appointed counsel. Mr. Stern had been retained privately. Tr., Aug. 6, 2004, at 5.

  In view of the fact that plaintiff has been represented by privately retained counsel for more than a year, she is not eligible for representation or other benefits at public expense under the Criminal Justice Act. She remains free, of course, to file a new financial affidavit and to apply for CJA representation.

 

SO ORDERED.
20040812

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