MARSDEN MOTIONS-is motion and all paperwork confidential? Is hearing held in closed courtroom? Is transcript of hearing seal

Often there is no paperwork for a Marsden motion -- a motion to relieve counsel. They are usually done orally, simply by advising the court that a Marsden motion is desired. Any paperwork, however, would be confidential and sealed. The hearing is in closed session, with just the defendant, counsel, necessary court staff, including the court reporter, and the Judge. The hearing would be transcribed, but the transcript will be sealed. Although I do not expect, and do not want, you to respond further, I am a bit puzzled: Are you representing yourself, and if so, why do you need a Marsden motion?

In general, the hearing is in a closed session where only the judge, the court staff, and the defendant's attorney (usually an appointed public defender since a defendant can always fire a private lawyer) are present. If there is a written Marsden motion, a copy will be provided to the defense attorney that is being sought by the defendant to be relieved. The transcript and motion are sealed but can be reviewed for appeal purposes.

Yes, yes and maybe. It depends on what is said in order to determine if the judge orders the transcript sealed. If it all boils down to "I hate my lawyer" the Marsden motion may or may not be sealed. It depends on whether or not any confidential information is revealed. The hearing, however, is always closed to all but the defense attorney, defendant and court staff. Most Marsden motions fail. Mainly because actual conflict of interest must be shown. "I disagree with my lawyer" or "I don't like my lawyer" doesn't cut it.