ORDER

Pursuant to 18 U.S.C. § 3006A(a)(2)(B), we order the appointment of counsel to serve as amicus curiae counsel in support of inmate Karl Adolph Frantz. See Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.1983) (per curiam).

Accordingly, the Clerk shall serve a copy by phone and facsimile of this Order on Jon M. Sands, Federal Public Defender, 850 West Adams Street, Suite 201, Phoenix, Arizona 85007, who will locate suitable counsel able to give this matter immediate attention in light of the exigent nature occasioned by the en banc proceedings. The district court shall provide the Clerk of this Court with the name and address of appointed counsel by facsimile transmission (FAX: (415) 556-6228) within seven days of locating counsel. Counsel shall be appointed under the Criminal Justice Act.

On the merits of his petition for habeas relief, Frantz alleges that his inability to participate personally in a bench conference regarding the jury’s request to hear a tape of a 911 telephone call violated his Sixth Amendment right of self-representation under McKaskle v. Wiggins, 465 U.S. 168 , 104 S.Ct. 944 , 79 L.Ed.2d 122 (1984). The Arizona Court of Appeals disposed of petitioner’s claim on harmless error grounds after assuming a constitutional violation occurred. Yet, the Supreme Court has construed a violation of the Sixth Amendment right of self-representation as a structural defect not susceptible to harmless error review. Id. at 177 n. 8, 104 S.Ct. 944 .

We order the parties to brief the following issues:

The government shall file its brief by February 2, 2007 and petitioner by February 23, 2007. The government may file a reply brief by March 2, 2007. Briefs shall not exceed 14,000 words. A copy of this Order shall also be served by the Clerk via phone and facsimile on counsel for the Respondent Warden.