Comments on: Revisiting the Problem of the Working Poor http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html the tao of criminal-defense trial lawyering Fri, 10 Feb 2012 17:39:20 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Jeffrey Deutsch http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8721 Jeffrey Deutsch Wed, 27 May 2009 17:59:16 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8721 Hello Mark, Also, I used to be a debt collector. That work is strictly governed by the Federal <a href="http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf" rel="nofollow">Fair Debt Collection Practices Act (FDCPA)</a>. Among other things it prohibits: <i>The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.</i> and <i>The threat to take any action that cannot legally be taken or that is not intended to be taken.</i> I might add that the FDCPA has teeth. Both the individual collector and the collection agency can be sued either for actual damages, if provable, or for statutory damages of up to $1,000 per violation (not per action; for example the same phone conversation can involve multiple violations) <b>plus</b> reasonable attorney's fees. Am I to understand that debt collectors are held to much higher ethical standards than some judges? Cheers, Jeff Deutsch Hello Mark,

Also, I used to be a debt collector. That work is strictly governed by the Federal Fair Debt Collection Practices Act (FDCPA). Among other things it prohibits:

The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

and

The threat to take any action that cannot legally be taken or that is not intended to be taken.

I might add that the FDCPA has teeth. Both the individual collector and the collection agency can be sued either for actual damages, if provable, or for statutory damages of up to $1,000 per violation (not per action; for example the same phone conversation can involve multiple violations) plus reasonable attorney’s fees.

Am I to understand that debt collectors are held to much higher ethical standards than some judges?

Cheers,

Jeff Deutsch

]]> By: Jeffrey Deutsch http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8113 Jeffrey Deutsch Fri, 17 Apr 2009 15:47:15 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8113 Hello Mark, Great minds run in the same direction. I recently guest lectured in the Constitutional Law course which my wife teaches. I pointed the students to <a href="http://blog.bennettandbennett.com/2007/04/letter-lawyers.html" rel="nofollow">your</a> very interesting <a href="http://blog.bennettandbennett.com/2007/08/more-on-representation-for-working-poor.html" rel="nofollow">posts</a> about the issues involved with counsel for the indigent. Keep up the good work! Jeff Deutsch Hello Mark,

Great minds run in the same direction.

I recently guest lectured in the Constitutional Law course which my wife teaches. I pointed the students to your very interesting posts about the issues involved with counsel for the indigent.

Keep up the good work!

Jeff Deutsch

]]> By: Mark Bennett http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8101 Mark Bennett Fri, 17 Apr 2009 00:17:30 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8101 They may argue that and, as Andrea points out, they may request a hearing on the issue. But interfering with the lawyer-client relationship by "busting an appointment" is, absent such a hearing, unlawful and grievable. They may argue that and, as Andrea points out, they may request a hearing on the issue. But interfering with the lawyer-client relationship by “busting an appointment” is, absent such a hearing, unlawful and grievable.

]]> By: Michael http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8100 Michael Fri, 17 Apr 2009 00:09:49 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8100 I should clarify I'm commenting from the People's Republic of Travis County. I should clarify I’m commenting from the People’s Republic of Travis County.

]]> By: Michael http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8099 Michael Fri, 17 Apr 2009 00:09:19 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8099 Some CAs and DAs argue that the defendant's release from jail, by itself, is a material change for purposes of 26.04(p) because the defendant can now go out and get a job. I'm not saying I've signed up for that view. However, our criminal court at law judges are not as likely to bust an appointment just because the client gets out of jail as the judges in Harris County (or so I gather). Some CAs and DAs argue that the defendant’s release from jail, by itself, is a material change for purposes of 26.04(p) because the defendant can now go out and get a job. I’m not saying I’ve signed up for that view. However, our criminal court at law judges are not as likely to bust an appointment just because the client gets out of jail as the judges in Harris County (or so I gather).

]]> By: Soronel Haetir http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8098 Soronel Haetir Thu, 16 Apr 2009 23:46:52 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8098 I have an even more clear cut view on this issue, a person's resources should not figure into the counsel appointment calculation at all. It should be strictly the D's choice about whether they wish to go with appointed counsel or retain their own. No means test at all should be a;llowed. I have an even more clear cut view on this issue, a person’s resources should not figure into the counsel appointment calculation at all. It should be strictly the D’s choice about whether they wish to go with appointed counsel or retain their own. No means test at all should be a;llowed.

]]> By: Patrick http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8097 Patrick Thu, 16 Apr 2009 21:57:11 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8097 Gah, Michael Richard. Gah, Michael Richard.

]]> By: Patrick http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8096 Patrick Thu, 16 Apr 2009 21:55:03 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8096 That's between you and God, Mark. Of course, Judge Keller's problem, ultimately, is between her and God, since Mark Richard isn't around to complain. The Texas Disciplinary Commission is only a way station on the way to that decision. That’s between you and God, Mark.

Of course, Judge Keller’s problem, ultimately, is between her and God, since Mark Richard isn’t around to complain. The Texas Disciplinary Commission is only a way station on the way to that decision.

]]> By: Mark Bennett http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8094 Mark Bennett Thu, 16 Apr 2009 21:12:48 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8094 I hope that Judge Keller will someday find herself in a situation in which an indigent person would be entitled to free counsel. When that day comes, I hope that her daddy's money won't be available to her, that her own copious money will have run out, and that she'll be appointed the sort of representation that she has approved for other indigent Texans. Is that wrong of me? I hope that Judge Keller will someday find herself in a situation in which an indigent person would be entitled to free counsel. When that day comes, I hope that her daddy’s money won’t be available to her, that her own copious money will have run out, and that she’ll be appointed the sort of representation that she has approved for other indigent Texans.

Is that wrong of me?

]]> By: Patrick http://blog.bennettandbennett.com/2009/04/revisiting-the-problem-of-the-working-poor.html/comment-page-1#comment-8093 Patrick Thu, 16 Apr 2009 20:57:14 +0000 http://bennettandbennett.com/blog/2009/04/revisiting-the-problem-of-the-working-poor.html#comment-8093 <blockquote>So whether the accused has made bail is only relevant as it reflects on the defendant’s resources, including his wife’s income that is available to him. If momma makes bail, that’s not relevant; if he was indigent when he was in jail, he’s still indigent after momma bails him out.</blockquote> Wouldn't that apply equally to Judge Sharon Keller and her daddy? I know, I know, apples and oranges, but if you're going to analogize from a UDTP/FTCA perspective that has nothing to do with the issue... And anyway, why SHOULD Judge Keller be penalized for having a rich daddy? It's not as though she killed anyone.

So whether the accused has made bail is only relevant as it reflects on the defendant’s resources, including his wife’s income that is available to him. If momma makes bail, that’s not relevant; if he was indigent when he was in jail, he’s still indigent after momma bails him out.

Wouldn’t that apply equally to Judge Sharon Keller and her daddy? I know, I know, apples and oranges, but if you’re going to analogize from a UDTP/FTCA perspective that has nothing to do with the issue…

And anyway, why SHOULD Judge Keller be penalized for having a rich daddy? It’s not as though she killed anyone.

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