Byline: David Ziemer
If you want to substitute for another attorney a week before trial, and get more time to prepare, you need a reason.
Otherwise, the court will ask how it can employ a balancing test, with nothing to balance on your side.
Facing trial in Walworth County for six counts of sexual assault, Anthony L. Prineas moved a week before trial to substitute newly retained counsel for his previously retained counsel. Prineas also requested a continuance.
At a hearing two days later, the state informed the circuit court that the complainant and her family did not want the trial delayed.
Circuit Court Judge Robert J. Kennedy said he would not grant the motion unless Prineas could give [the court] some extraordinary reason other than just a simple desire to change [attorneys] at this late date.
Because no reason was offered, and the new attorney could not be ready for trial as scheduled, the court denied the motion.
At trial, Prineas was convicted of two of the counts, and acquitted of four. He was sentenced to 10 years in prison and 10 years' extended supervision on one count, and 30 years' probation on the other.
After he appealed, the Seventh Circuit released Carlson v. Jess, 526 F.3d 1018 (7th...
