People of the V.I. v. Jevern B. Phillip, ST-11-CR-747 (V.I. 2012) [unpublished]
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN KkkeKKKKRaRKKEERE PEOPLE OF THE VIRGIN ISLANDS, CRIMINAL NO. ST-11-CR-747 Plaintiff, 14 V.LC. §§ 292, 299(2) VS. JEVERN BRYAN PHILLIP (D.0.B.: 03-11-87), ) ) ) ) ) ) ) ) ) Defendant. ) ) MEMORANDUM ORDER BEFORE THE COURT is Samuel H. Hall, Jr.’s Motion to Appoint Co-Counsel, filed on February 3, 2012. On December 24, 2011, pursuant to 5 V.L.C. § 3503(a), the Court ordered Hall to represent Defendant Jevern Phillip in this matter. On January 10, 2012, the People charged Phillip with one count of simple assault and battery, in violation of 14 V.LC. §§ 292, 299(2). Hall now moves the Court to appoint co-counsel for the matter, specifically Attorney Leslie Payton. In support of his motion, Hall first states that “[his] practice of Law is primarily Transactional Law.” The Court does not find this to be a convincing or sufficient reason to justify the appointment of co-counsel. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://superior.vicourts.org/UserFiles/Servers/Server_12810747/File/Opinions/Archive/People%20v.%20Phillip%20(ADS).pdf
SHA-256 a12c82d19e0302b0f49dd9f1945fd2d03c6c8aa9909c3cbd133e456f0c57df41
Re-using this document
edicts of government — judicial opinions are not copyrightable by anyone. NOT 17 USC 105 (territorial court, not federal) and NOT 'rights unstated'.
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-a12c82d19e03
Document text
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN KkkeKKKKRaRKKEERE PEOPLE OF THE VIRGIN ISLANDS, CRIMINAL NO. ST-11-CR-747 Plaintiff, 14 V.LC. §§ 292, 299(2) VS. JEVERN BRYAN PHILLIP (D.0.B.: 03-11-87), ) ) ) ) ) ) ) ) ) Defendant. ) ) MEMORANDUM ORDER BEFORE THE COURT is Samuel H. Hall, Jr.’s Motion to Appoint Co-Counsel, filed on February 3, 2012. On December 24, 2011, pursuant to 5 V.L.C. § 3503(a), the Court ordered Hall to represent Defendant Jevern Phillip in this matter. On January 10, 2012, the People charged Phillip with one count of simple assault and battery, in violation of 14 V.LC. §§ 292, 299(2). Hall now moves the Court to appoint co-counsel for the matter, specifically Attorney Leslie Payton. In support of his motion, Hall first states that “[his] practice of Law is primarily Transactional Law.” The Court does not find this to be a convincing or sufficient reason to justify the appointment of co-counsel. The American Bar Association’s Model Rules of Professional Conduct (hereinafter “ABA Model Rules”) state that “[a] lawyer need not have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar. ... A lawyer can provide adequate representation in a wholly novel field through necessary study.”’ The ABA Model Rules further recognize that “[i]n many instances, the »2 The required proficiency in this matter is required proficiency is that of a general practitioner. that of a general practitioner. Any attorney licensed to practice law in the Virgin Islands is competent to defend against a criminal prosecution for simple assault and battery, and the Court is confident in Hall’s ability to adequately prepare for and handle this criminal matter.’ ' MODEL RULES OF PROF’L CONDUCT R. 1.1, cmt. [2] (2009). ?R. 1.1, emt. [1]. 3 The Court takes judicial notice of the fact that Hall was appointed as Special Prosecutor for the People of the Virgin Islands in the In re: Kendall matter and successfully obtained a judgment of conviction. See In re: The Honorable Leon A. Kendall, S. Ct. Misc. No 2009-0025. Se Ste niet a ARM Nee ett? People vs. Phillip ST-11-CR-747 Memorandum Order Hall next states that “[t]his is an extremely serious allegation, which exposes the Defendant to substantial incarceration.” The Court disagrees with this statement and notes that simple assault and battery, carrying a maximum term of incarceration of six (6) months,’ is a relatively minor charge compared to those brought against other defendants in which private attorneys are often appointed to defend against. The Court does not find this to be a case so complex that more than one attorney is required. Therefore, the Court will not appoint co- counsel. “[M]embership in the Bar is a privilege burdened with conditions.”* One of those conditions is that “[e]very lawyer has a professional responsibility to provide legal services to © While the Court will not appoint co-counsel, Hall, as primary counsel for those unable to pay. the defendant, however, remains free to retain co-counsel. Co-counsel’s compensation will be at Hall’s expense, as he alone may request authorization of payment from the Court for time he personally, or a member of his firm personally, spends on the case. The Court will not authorize the payment of public funds for any work of co-counsel. Accordingly, it is hereby ORDERED that Hall’s Motion to Appoint Co-Counsel is DENIED; and it is further ORDERED that a copy of this Order shall be directed to Quincy G. McRae, Esq., Assistant Attorney General and Samuel H. Hall, Jr., Esq. DATED: February /%, 2012 ALAN D. SMITH Magistrate of the Superior Court of the Virgin Islands ATTEST: VENETIA H. VELAZQUEZ, ESQ. Clerk of the Court BY: Cd ahem COLLEEN SALEM Court Clerk Supervisore2 /43/ W/a2 4 V1. CODE ANN. tit. 14, § 299 (1996). ° Gov’t of the Virgin Islands in re R.F., 47 V.1. 178, 185 (Super. Ct. 2005) (citing Gentile v. State Bar of Nevada, 501 U.S. 1030, 1065). ® MODEL RULES OF PROF’L CONDUCT R. 6.1.