ORDER ON APPOINTMENT OF COUNSEL

CHERYL R. ZWART, Magistrate Judge.

After appointing John Vanderslice as defense counsel in this case, (Filing No. 19), Defendant directed Mr. Vanderslice to not enter an appearance for Defendant, arguing that by doing so, Mr. Vanderslice would be conceding that the United States has subject matter jurisdiction over the Defendant in this action. Mr. Vanderslice moved to withdraw his prior entry of appearance.

The court granted Mr. Vanderslice's motion, but appointed him as Defendant's standby counsel. Mr. Parsons objected, stating he has a right to an attorney.

While Defendant he has the right to an attorney, that attorney cannot represent Defendant in this forum without entering an appearance as Defendant's attorney.

Defendant was advised that if he wants an attorney in this case, whether appointed or retained, he must permit that attorney must enter an appearance on Defendant's behalf. He was further advised that if he wants a court-appointed attorney, he must complete and sign a financial affidavit. To respect and preserve Defendant's confidentiality regarding his financial status, the completed financial affidavit will not be provided to the government and will be filed under seal. The court advised Defendant that is he completes and signs a financial affidavit and presents it to the court for consideration, the court will interpret receipt of the completed financial affidavit as Defendant's request for a courtappointed attorney and will determine whether Defendant is entitled to courtappointed counsel based on that document.

Accordingly,

IT IS ORDERED:

1) John Vanderslice's motion to withdraw as Defendant's courtappointed counsel is granted, but he is appointed as standby counsel for Defendant. The clerk shall modify the court's docket sheet accordingly.

2) Whether Defendant retains an attorney or obtains a court-appointed attorney, Defendant is ordered to permit that attorney to enter an appearance in this court as the attorney for Defendant. Defendant is advised that an attorney's entry of appearance will not waive Defendant's right to challenge this court's subject matter jurisdiction over the charges in the indictment, and it will not waive Defendant's right to demand that the indictment be dismissed.

3) If Defendant wants a court-appointed attorney, he must complete and sign the financial affidavit and present it to the court for consideration. Defendant may forward this completed and signed financial affidavit to the court either through his standby counsel, or by mailing it to:

4) The clerk shall provide a copy of this order, with the attached financial affidavit, to Defendant.