Demarcus Keyon Cole v. Shawn Phillips, Warden

Summary

The United States District Court for the Western District of Tennessee directs appointed counsel Brian Mounce to provide additional information supporting his second motion to withdraw. The Court requires counsel to file a sealed, ex parte affidavit citing the applicable provisions of Tennessee Rule of Professional Conduct 1.16 within seven days.

Holdings

1. A motion to withdraw that broadly invokes the Tennessee Rules of Professional Conduct and attorney-client privilege, without identifying the applicable rule or specific grounds for withdrawal, does not provide sufficient information for the court to evaluate the request under Local Rule 83.5.
2. Counsel may support a motion to withdraw through sealed and, when necessary, ex parte materials for in-camera review to preserve confidential attorney-client information.

Questions Presented

1. Whether counsel's second motion to withdraw satisfied Local Rule 83.5's requirement that the motion include the reasons requiring withdrawal.
2. Whether counsel could provide information supporting withdrawal through sealed and ex parte filings to preserve attorney-client confidentiality.

Disposition

other