United States District Court, S.D. New York
August 12, 2004.
UNITED STATES OF AMERICA,
NINA BAUM, a/k/a Nina Best, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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
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