Free Losing Faith by Adam Mitzner Page A

application is a mere formality.”
    “My apologies, Your Honor. I didn’t think—”
    “I couldn’t agree more, Mr. Littman. You clearly did not think. So now I’m thinking for you. I assume you’re aware that my predecessor, Judge Mendelsohn, put this matter down for trial on April fourteenth?”
    “I am, Your Honor. But given that the court and defense counsel both have to play a little catch-up, we were hoping for a short adjournment of that date.”
    “Well, you can keep hoping, Mr. Littman, because that’s not going to happen. As far as I’m concerned, the fourteenth is etched in stone. I’m well aware of the game of musical lawyers that defendants with means attempt to play as a way of pushing out the trial date. But not in my court, I can assure you. So, Mr. Garkov, if that’s why you hired Mr. Littman, then I’m afraid you’re not getting your money’s worth.”
    Aaron already knew it was a distinct possibility that Faith wouldn’t postpone the trial. But it’s Faith’s phrasing that’s the true concern. If Garkov didn’t think he was getting his money’s worth, what would he do to ensure a more adequate return on his investment?
    “We’ll be ready for trial on the fourteenth,” Aaron says. “Will Your Honor please accept our substitution?”
    “Hand it up,” Faith says, followed by a sigh that reeks with displeasure.
    Aaron passes the piece of paper to the court officer, who walks the document over to Faith. In her three years on the federal bench, Faith’s seen hundreds of substitution forms, and all this one contains is a single sentence, stating that Nicolai Garkov consents to the substitution of Aaron Littman for Roy Sabato as counsel of record, followed by signatures from Aaron, Sabato, and Garkov. Nothing else. Nevertheless, Faith studies the single page intently. When she’s finished, she lifts her head and addresses Sanyour.
    “Does the government have any objection?”
    Sanyour stands and buttons his suit jacket. “Your Honor, so long as there is no prejudice to the government by a delay of justice, we have no objection to Mr. Littman becoming counsel of record for the defendant.” Then he unbuttons his suit jacket and sits down.
    Aaron can almost see the wheels turning in Faith’s head. With the prosecutor’s consent, she’s out of options for denying the change of counsel.
    “Mr. Garkov,” she says in a stern voice, “although you are entitled to counsel of your choosing, it is my responsibility to ensure that such counsel can be effective in his or her representation of you. I have severe misgivings in this case about allowing a substitution at this late date. As I just indicated, I’m unwilling to delay the trial, and you were previously represented by very capable counsel in Mr. Sabato.”
    Aaron touches Garkov’s arm, the coaching signal that he’s not to speak. Aaron too remains silent, as Faith has not posed a question so much as expressed displeasure at what’s unfolding before her.
    As if she realizes that the floor remains hers, Faith continues. “I can tell you firsthand, Mr. Garkov, having stood before the bench myself for quite a number of years, that litigation and wars are often won or lost in the preparation. For that reason, you have to be absolutely certain that your interests are better served by Mr. Littman trying this case with very little time to prepare than if Mr. Sabato remained as your lawyer.” She looks firmly at Garkov. “So that there is no going back on this decision, Mr. Garkov, I need you to state in open court that you are aware of the time constraints that Mr. Littman would face if he were to become your counsel, and you nevertheless wish to proceed with him.”
    Aaron rises and pulls Garkov to his feet by yanking him at the elbow. When they’re both upright, Aaron looks up at his client towering above him. He offers a subtle nod, telling Garkov to provide the confirmation Judge Nichols seeks.
    “Yes,” Garkov says.
    Faith