In the Matter of the Discipline of Bruce M. Margolin, Attorney. United States of America v. William Scott Smith
Opinion
Opinion
CORRECTED ORDER
Bruce M. Margolin, a member of the bar, was cited to appear before this court to show cause why sanctions should not be imposed against him for his derelictions in representing the defendant Smith on appeal. Our first citation of February 20, 1975 could not be served because Mr. Margolin could not be located by the United States Marshal. In response to our second citation, he appeared on June 3, 1975.
The court has heard his explanation and has considered the effect of his conduct on the prosecution of the principal appeal which was initiated on September 13, 1974, and has yet to be prosecuted diligently. The court notes that the United States Attorney has timely advised us of Mr. Margolin’s failures and that office has attempted to cooperate in having the appeal prosecuted or dismissed.
The court has concluded that Mr. Margolin has unduly delayed the appeal of Smith who has been in custody since sentence was imposed. It is therefore
Ordered that Mr. Margolin is discharged from further representation of appellant Smith in this appeal and this court will designate new counsel who will prosecute the appeal with due diligence;