Appeals Court Sets Rules For Death Row Lawyers
POSTED: 8:26 am CST December 12,
2006
AUSTIN -- The Texas Court of Criminal Appeals has adopted new rules to ensure the performance of lawyers who file appeals on behalf of death row inmates. Under rules adopted Monday by the state's highest criminal court, a majority of judges can remove a lawyer from the court's habeas list for any appeal that exhibits "substandard proficiency." Lawyers also can be removed for engaging in unprofessional or unethical behavior, or if they are found to have provided poor legal representation in a criminal case.
Writs of habeas corpus are the court challenges meant to ensure no one unfairly convicted is executed. Habeas attorneys are supposed to find any misconduct or mistakes made by the defendant's trial lawyers, investigators, prosecutors, judges and jurors in the case. Judge Cathy Cochran said the new rules are a first step. "We recognize the need to have at least somewhat more specific rules ... to remove attorneys who are not fulfilling their obligation to their clients," Cochran said. The court's adoption of the rules, which take effect Friday, followed an Austin American-Statesman review of the appeals system that found that the court tolerated lawyers who submitted poorly prepared appeals. The newspaper found examples of habeas lawyers who copied from previous appeals, regardless of the case's facts, or ignored important case details. In one case, a lawyer submitted a writ with sections copied verbatim from his client's letters from death row. A State Bar of Texas task force was formed last month to recommend alterations to the state's death penalty habeas system. "We're only partway there," Cochran said. "We are hoping the task force comes up with more specific recommendations. In the meantime, at least we have something in place." Houston lawyer Mandy Welch said she wants to see how the court interprets the new rules. "Reviewing a lawyer's performance is critical to ensuring that people are properly represented, and this is at least a move in the right direction," Welch said. Under the new rules, sanctioned lawyers may ask the judges to reconsider their decision within 15 days. Removed lawyers can also reapply to join the habeas list after two years, but they must first submit three writs of habeas corpus in non-death penalty cases and show improved proficiency and professionalism.
Copyright 2006 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Copyright 2006 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.






