A defense counsel appointed to represent an accused drug dealer should have been allowed to withdraw from the case because the defendant insisted on hiring his own lawyer and refused to show he was eligible under the Criminal Justice Act, the U.S. Court of Appeals for the Second Circuit held yesterday.

The circuit said that Western District Judge Charles Siragusa (See Profile) should have granted assistant Federal Defender Robert Smith’s motion to withdraw from representing John Barton because of Barton’s refusal to cooperate in the process for showing financial eligibility or cooperate in any way with Smith.