Dennis Elias’s Latest Tweet :. Injustice News Twitter Feed :.Mark Bennett | February 14, 2010
I first saw the idea raised by John Kindley in this comment at Simple Justice: free criminal-defense lawyers for everyone, not just the indigent. I replied there that society should be willing to bear the full cost of prosecuting accused law-breakers, including the cost of due process. Norm Pattis came up with the same idea: [...]
Mark Bennett | May 19, 2009
In Texas, a lawyer is responsible for her client until she is removed from the case by the judge. If something goes undone while the lawyer is responsible, she can be grieved and (in certain narrow circumstances) sued. So when (for example) a defendant makes bail, appointed counsel remains legally on the hook until new [...]
Mark Bennett | April 14, 2009
Andrea Marsh of the Texas Fair Defense Project comments: I think you’re letting the judges who won’t appoint counsel to indigent bail defendants off too easily. These judges are violating the law, whether they straight out deny an application based on bond status (CCP 26.04(m)) or hold applications for counsel while repeatedly resetting cases in [...]
Mark Bennett | July 5, 2008
The ABA’s Ten Principles of a Public Defense Delivery System: 1. The public defense function, including the selection, funding, and payment of defense counsel, is independent. 2. Where the caseload is sufficiently high, the public defense delivery system consists of both a defender office and the active participation of the private bar. 3. Clients are [...]
Mark Bennett | August 6, 2007
Scott Henson (Grits for Breakfast) brings us news of Collin County, Texas’s efforts to cut costs by denying appointed counsel to people who own over a certain amount of assets or have income over a certain amount. The numbers? The rules are in this document (PDF): The financial standards set forth below shall be used [...]
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