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Tepid Bankruptcy Bar

Tepid Bankruptcy Bar

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Published by southfllawyers

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Published by: southfllawyers on Jun 10, 2011
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UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF FLORIDAFort Lauderdale DivisionIn re: NEW RIVER DRY DOCK, INC.,Case No. 06-13274-BKC-JKOReorganized Debtor /Chapter 11
EX-PARTE MOTION TO CONTINUE
 EN BANC 
HEARINGSCHEDULED FOR JUNE 16, 2011
Kevin C Gleason, moves
 pro se
for a continuance of the
en banc
hearingscheduled for June 16, 2011 at 1:30 p.m. to permit his chosen counsel to appear and beheard, and says:1.By order entered on May 9, 2011, this Court has called for an
en banc
hearing toconsider possible criminal contempt sanctions against me. [ECF 612](Hereinafter referred to as the “
 En Banc
Order”).2.Immediately upon receipt of the
 En Banc
Order, I began a search for counsel.3.The response from attorneys practicing before this Court was understandablytepid.4.It was suggested that I seek counsel outside of this District, and I immediatelyreached out to my first choice, the Honorable Francis G. Conrad.5.Former Judge Conrad is currently of counsel to the firm of Jager Smith, practicingfrom offices in Manhattan and Boston.6.Judge Conrad is also a partner at Bederson & Company LLP, an accounting firmthat provides financial advisory services in turnaround and bankruptcy.
Case 06-13274-JKO Doc 626 Filed 06/01/11 Page 1 of 6
 
7.Judge Conrad is a principal at Business Strategy Advisors, a multi-disciplinary practice firm providing strategic consulting to lawyers, accountants, start-up andtroubled businesses, international governments and financial institutions.8.In addition, Judge Conrad is the Chief Executive Officer for ARG CapitalPartners, LLP, an agency fund that purchases assets, distressed debt and equity.9.As well, Judge Conrad is an Adjunct Professor in the LL.M. Program inBankruptcy at St. John's University School of Law.10.Obviously, Judge Conrad is qualified to represent me in the
en banc
hearing.11.I first attempted to contact Judge Conrad on May 18, 2011.12.In his first brief response, Judge Conrad indicated that he was scheduled toundergo hip surgery and could not discuss the matter in detail at that time.13.Judge Conrad underwent surgery for full right hip removal and replacementthrough a complicated procedure on May 24, 2011. He expects to return to practice in mid-July and will likely be able to travel by mid-August.14.Immediately after surgery, Judge Conrad was unable to discuss this matter indepth due to challenges related to his recovery from the extensive surgery.15.Only just on May 27, 2011, I was informed that Judge Conrad agreed to accept therepresentation conditioned upon the hearing being continued to permit him to:complete his physical therapy; receive approval from his doctors to travel to South
2
Case 06-13274-JKO Doc 626 Filed 06/01/11 Page 2 of 6
 
Florida; and adequately prepare for the hearing.16.This motion is filed as soon as practicable after Judge Conrad’s conditionalacceptance of the representation.17.Upon continuance of the hearing of June 16, 2011, Judge Conrad shall file a noticeof appearance, and I shall move for his admission
 June 1, 2011pro hac vice
.18.I have also consulted with an attorney experienced in disciplinary matters, buthave not yet engaged him. If he agrees to accept the representation, then JudgeConrad may be assisted by local counsel, admitted to the United States DistrictCourt for the Southern District of Florida, but not otherwise qualified to practicein this Court pursuant to Local Rule 2090-1(A)(3).
APPLICABLE LAW
The Sixth Amendment to the Constitution of the United States of America provides, in pertinent part, “In all criminal prosecutions, the accused shall enjoy the rightto ... have the Assistance of Counsel for his defence.”“The Sixth Amendment right to effective assistance of counsel encompasses theright to counsel untainted by conflicts of interest. This right is violated when thedefendant's attorney has an actual conflict of interest that adversely affects the lawyer's performance.”
 Lynd v. Terry
, 470 F.3d 1308, 1318 (11 Cir,2006)(Citations omitted).
th
While one does not have the absolute right to counsel of one's own choice, denial
3
Case 06-13274-JKO Doc 626 Filed 06/01/11 Page 3 of 6

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