William T. Walsh, Clerk
United District Court
District of New Jersey
M.L. King, Jr. Federa1 Bldg.
& Courthouse
Re:
1)
G000949 (“Distribution of Materials, flyers
without permit on GSA”);
2) G004733
(“Soliciting, Vending and debt collection”);
3) G004734 (“Conformity with Signs and
directions”)
4) G004735 (“Disturbances”)
5) G004736 (“Disturbances”)
6) G004737 (“Conformity with Signs and Directions”);
7) G004738 (“Soliciting, Vending and Debt Collection”);
8) G004739 (“Resisting Arrest”);
Dear Mr. Walsh:
I am moving to
be assigned under the Criminal Justice Act (“CJA”) to represent Edward Forchion
in the above matters, and for Mr. Forchion to be granted in forma
pauperis status.
Enclosed is an
original and two copies of a Notice of Motion for Assignment of Counsel under
the C.J.A. and for Leave for Mr. Forchion to proceed in forma pauperis,
with supporting Affidavit of Counsel.
Also enclosed is a Declaration of Indigency.
Finally,
although I do believe that this matter can be handled on an ex parte
basis, I am enclosing an Affidavit of Service upon my adversary--the Office of
the
I would
greatly appreciate if this motion could be forwarded to the judge or magistrate
that will be hearing these matters.
Very truly
yours,
Miles Feinstein
MRF/jvs
cc: United States Attorney’s
Office
(with enclosures)
MILES FEINSTEIN, ESQ.
TEL: (973) 779-1124
FAX: (973) 779-9883
_______________________________
Plaintiff, VIOLATION NOTICES
G000949;
: G004733 to 39
v.
: Criminal Action
EDWARD FORCHION
Defendant. : NOTICE OF MOTION FOR
_______________________________ ASSIGNMENT OF COUNSEL UNDER
THE
CRIMINAL JUSTICE ACT
(18 U.S.C.
SEC. 3006A) AND
LEAVE FOR THE
DEFENDANT TO PROCEED IN
FORMA PAUPERIS
TO: United States Attorney’s
Office
Sir:
PLEASE TAKE NOTICE that Miles Feinstein, Esq., shall move before
a judge or magistrate of the United States District Court, District of New
Jersey, for an Order granting the defendant Edward Forchion assignment of
counsel (Miles Feinstein, Esq.) under the Criminal Justice Act and for leave to
proceed in forma pauperis.
PLEASE TAKE
FURTHER NOTICE that in support of this motion, defendant shall rely upon the
Affidavit of Miles Feinstein, Esq., and Declaration of Indigency of Mr.
Forchion.
Respectfully
submitted,
Dated:
MILES
FEINSTEIN
MILES FEINSTEIN, ESQ.
TEL: (973) 779-1124
FAX: (973) 779-9883
_______________________________
Plaintiff, VIOLATION NOTICES
G000949;
: G004733 to 39
v.
: Criminal Action
EDWARD FORCHION
Defendant. : AFFIDAVIT OF COUNSEL IN SUPPORT
OF MOTION FOR
_______________________________ ASSIGNMENT OF COUNSEL UNDER
THE CRIMINAL JUSTICE ACT
(18 U.S.C.
SEC. 3006A) AND
LEAVE FOR THE
DEFENDANT TO
PROCEED IN
FORMA PAUPERIS
I, Miles Feinstein, Esquire,
being duly sworn, depose and say that I am an attorney-at-law of the State of
New Jersey, also admitted to practice in the United States District Court for
the District of New Jersey and the United States Court of Appeals for the Third
Circuit. I further swear that the
following statements are true:
1. I have been
practicing law since 1966 and I specialize in criminal law.
2. In December
of 2001, Mr. Forchion was convicted in the
of ten years of imprisonment. Mr.
Forchion served 17 months at
1
Supervision Program (“ISP”).
2. Mr. Forchion
is a marijuana, civil rights, and First Amendment activist also known as
“NJWeedman.” Mr. Forchion contends that
his continued prosecution is politically motivated based upon his being a vocal
advocate for the legalization of marijuana, along with his vocal support of other
civil rights such as freedom of speech and religion.
3. Mr. Forchion
is presently appealing his State convictions in the Superior Court, Appellate
Division, and his Public Defender designated counsel has filed a 65-page brief
along with a 486 page appendix (raising 9 issues), along with a reply brief;
additionally, Mr. Forchion has filed a 65-page supplemental brief with a 331
page appendix (raising 12 issues).
4. After being
released into the ISP in April of 2002, Mr. Forchion was repeatedly warned by
5. In August of
2002, the ISP officials violated Mr. Forchion and incarcerated him (without any
hearing or bail being set) in the Burlington County Jail for allegedly
violating the ISP “gag order” by making three proposed television commercials.
6. The State ISP
violation hearing (to determine whether Mr. Forchion had, in fact, violated
ISP’s mandates), was scheduled for September 17, 2002; however, Mr. Forchion
was not
2
writ to Court by ISP and the matter was postponed. Counsel (who waited in court from
7. The ISP
violation hearing dragged on for several months, and after an all-day hearing on
8. Immediately
upon his incarceration by the ISP, however, Mr. Forchion had filed both a federal
petition for writ of habeas corpus under 28 U.S.C. § 2254 and a federal civil
suit against ISP officials under 42 U.S.C. § 1983.
9. On December
31, 2002, following a hearing in the United States District Court in Camden
before the Honorable Joseph E. Irenas, U.S.D.J., Judge Irenas issued an Order
to Show Cause why a preliminary injunction should not be issued reinstating the
defendant to the ISP.
10. A plenary
hearing was held on
3
11. In taking
the highly unusual legal action of granting this injunction against New Jersey
State officials, Judge Irenas accepted Mr. Forchion’s argument that the State
of New Jersey ISP
officers had probably violated his First Amendment Constitutional rights.
which ordered the defendant to be released from jail and placed back into
the ISP, but Judge Irenas also prohibited ISP from removing Mr. Forchion from
ISP for any future violations unless they first gave the defendant forty-eight
hours notice of their intentions.
12. On
13. Based upon
my review of this case, I believe that Mr. Forchion is being prosecuted in
violation of his First Amendment and Due Process rights, and that the interests
of justice require that he be assigned counsel under the C.J.A.
14. 18 U.S.C.A. § 3006A(a) provides:
(1)
Representation shall be provided for any financially eligible person who –
(A) is charged
with a felony or a Class A misdemeanor;
(H) is
entitled to appointment of counsel under the sixth amendment to the
Constitution;
(I) faces loss
of liberty in a case, and Federal law requires the appointment of counsel; or
4
(2) Whenever
the
(A) is charged
with a Class B or C misdemeanor, or an infraction for which a sentence to
confinement is authored, or
(B) is seeking
relief under section 2241, 2254, or 2255 of title 28.
15. While the charges
against Mr. Forchion might be only
misdemeanors, convictions could lead to another alleged violation of the ISP
mandates and an adjudication of guilt before the State ISP panel, resulting in
the imposition of the original 10 year prison sentence (it should be pointed
out that there is no appeal of State ISP decisions). Additionally, I believe that this matter
concerns an issue of public interest, as well--specifically, Mr. Forchion’s
First Amendment and Due Process rights.
16. For the
foregoing reasons, I am respectfully requesting that I be assigned under the C.J.A.
to represent Mr. Forchion and that he be granted leave to proceed in forma
pauperis (a Declaration of indigency accompanies this motion).
I understand that a false statement in this affidavit
will subject me to penalties for perjury.
________________________
MILES FEINSTEIN
Subscribed and
sworn to before me this th day of
October, 2003.
____________________
5
MILES FEINSTEIN, ESQ.
TEL: (973) 779-1124
FAX: (973) 779-9883
_______________________________
Plaintiff, VIOLATION NOTICES
G000949;
: G004733 to 39
v.
: Criminal Action
EDWARD FORCHION
Defendant. : AFFIDAVIT OF SERVICE
_______________________________
I, Miles Feinstein, Esq., being duly sworn, swear that on
___________________
Dated: