Wood v. Corrections, ID Dept, et al

Filing 461

ORDER ( Pretrial Motions due by 2/21/2013, Status Conference set for 2/14/2013 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
LANCE WOOD,
Case No. 3:04-cv-00099-BLW
Plaintiff,
vs.

ORDER

SANDRA MARTIN,
Defendant.

Before trial commenced in this matter, the Court granted Plaintiff Wood’s request
that Renee McKenzie of McKenzie Law Offices be appointed as a legal assistant to help
him at trial. In its Order, the Court made clear that because Ms. McKenzie is not an
attorney, she could not act in any manner which would constitute the practice of law,
including but not limited to advice on law, civil procedure, the rules of evidence, strategy,
or the subject matter of the trial. The matter then proceeded to trial, during which the
Court was required to declare a mistrial. Thereafter, Mr. Wood again asked the Court to
appoint Ms. McKenzie as his legal assistant for the re-trial. The Court once again granted
ORDER - 1

the motion, but reiterated in its Order that Ms. McKenzie not act in any manner which
would constitute the practice of law, including being a conduit between a licensed
attorney and Mr. Wood.
It has come to the attention of the Court that the relationship between Ms.
McKenzie and Mr. Wood may have gone beyond that prescribed by the Court.
Accordingly, the Court will conduct a status conference for the purpose of inquiring
about whether that has occurred, and whether Ms. McKenzie must be removed from the
case. Counsel for the Defendant, Mr. Wood, and Ms. McKenzie must be present at the
status conference.
Finally, although the Court has received no indication that a crime has occurred, or
that Mr. Wood or Ms. McKenzie has done anything which would require that they be
represented by counsel at the hearing, the Court has no way of knowing exactly what it
will learn at the hearing. Therefore, out of an abundance of caution, the Court will order
the Federal Defenders Services of Idaho to provide an attorney at the hearing to represent
Mr. Wood if necessary, and will recommend that Ms. McKenzie confer with an attorney,
and have one accompany her at the hearing, if she so desires.
IT IS ORDERED:
1.

A status conference is scheduled for February 14, 2013 at 9:00 a.m. in the
Federal Courthouse in Boise, Idaho. Counsel for the Defendant, Mr. Wood,
and Ms. McKenzie are ordered to appear at the status conference.

2.
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The U.S. Marshal shall transport Mr. Wood to the courthouse for the status

conference.
3.

The following pretrial deadlines are amended as follows:
a.

Disclosure of Witnesses: Both parties shall disclose all lay and
expert witnesses intended to be called at trial and a summary of the
substance of their testimony no later than February 21, 2013.

b.

Pretrial Motions. All pretrial motions, including motions in limine
shall be filed no later than February 21, 2013. Responses shall be
filed by March 4, 2013. The parties shall be prepared to argue the
motions at the pretrial conference on March 20, 2013, if the Court
deems argument necessary.

c.

Requests for Transport of Prisoner Witnesses and for Issuance of
Subpoenas. All requests for the transport of prisoner witnesses to
trial shall be made no later than February 21, 2013. All requests for
subpoenas for any witnesses who must be subpoenaed to trial (to
include their full names and physical service address) shall be made
no later than February 21, 2013.

d.

Exhibit Lists, Exhibits, Proposed Voir Dire, Proposed Jury
Instructions, Trial Briefs: All exhibit lists, proposed voir dire,
proposed jury instructions, and trial briefs shall be filed with the
Court no later than February 21, 2013. On the same date, the parties
shall exchange all trial exhibits, but shall not provide them to the

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Court until the day of trial.
4.

The Clerk of the Court shall provide a copy of this Order to the U.S.
Marshal and the Federal Defenders Service of Idaho in Boise, as well as the
plaintiff and defendant in this case.
DATED: February 8, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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