Brown v. James
- Vernon Broderick
- 1:20-cv-10491
- U.S. District Court · Southern District of New York
- 4
In Brown v. James, Judge Broderick allowed Joey Jackson Law to withdraw as Darryl Brown’s counsel after the firm said it could no longer represent him.
Darryl Brown and Joey Jackson Law, PLLC. The firm was permitted to withdraw as Brown’s counsel, and Brown was left to protect his interests regarding the stated appeal deadline.
What happened
In Brown v. James, attorney Joey Jackson asked to withdraw from representing Darryl Brown in the federal case. The filing said the firm had represented Brown through his state criminal proceedings and federal challenge to his conviction.
Counsel said the firm could no longer represent Brown on a free basis and lacked the resources to continue even if retained. The filing also said Brown had until December 6, 2023, to file his own appeal.
Judge Broderick ordered the requested withdrawal on October 16, 2023, and directed the clerk to mail Brown a copy of the endorsed application. The order did not decide the underlying challenge to Brown’s conviction.
The detailed version
- Brown v. James · No. 1:20-cv-10491
- Vernon Broderick
- Oct. 16, 2023
Background
Joey Jackson, the principal attorney of Joey Jackson Law, PLLC, filed an attorney affirmation requesting permission to withdraw as counsel for Darryl Brown. The filing stated that counsel had represented Brown for several years, including during Brown’s state criminal trial, appeals, and later federal petition challenging his conviction. The filing said Brown’s federal petition had been dismissed following a magistrate judge’s recommendation and objections filed by counsel.
The request relied on New York Rule of Professional Conduct 1.16(c)(1) and Local Civil Rule 1.4, which requires a court order before an attorney of record may withdraw. Counsel asserted that withdrawal could occur without materially harming Brown because of the posture of the case. Counsel also stated that the firm was no longer able to represent Brown on a free basis and lacked the resources to continue even if Brown retained the firm. The filing said Brown had been given an extension until December 6, 2023, to file his own appeal.
Ruling
Judge Vernon S. Broderick endorsed the application “SO ORDERED” on October 16, 2023, thereby ordering the requested withdrawal of Joey Jackson Law as Brown’s attorney of record. The clerk was directed to mail a copy of the endorsed application to Brown. This order addressed counsel’s withdrawal and did not decide the merits of Brown’s underlying challenge to his conviction.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.