Can someone tell me your procedures for dealing with pro se misdemeanor defendants? The Judge requires my office to meet with any pro se defendant that shows up and says he wants to represent himself. Even if that Defendant has previously been at arraignment and announced that he was hiring an attorney.

So I would like to know how pro se defendants are handled in other counties.

Step by Step

1) Determine that the defendant is not represented by any attorney (make sure that there is no letter of representation anywhere, requiring a formal withdrawal).

2) Ask the defendant is he wants to speak to an attorney of his own choosing, or if he wants a court appointed attorney. Make sure he understands that you are NOT his attorney, and that anything he says to you is not privileged or confidential.

3) Attain from the defendant a written waiver of his right to speak with counsel before speaking with you.

4) Advise the defendant of the full range of punishment, his right to an attorney (again), his right to remain silent at trial, and his right to a jury, if he wants it. Make sure the defendant is a citizen (if not a citizen, the complications that may arise under Federal law).

5) Ask the defendant if he WANTS to plead guilty. If so, make sure he is pleading guilty simply because he IS guilty, and for no other reason.

6) Make a plea offer and inform the defendant that the Court is not bound by the offer, etc.

7) If it is a probation case, make sure that the defendant understands the common terms and conditions of probation, and the effect of violating those terms. If a deferred, make sure he understands the peculiar ramifications of the same. Make sure he understands that there will be no right of appeal if the Judge follows the recommendation.

8) DOCUMENT EVERYTHING! In fact - have a plea agreement memorandum outlining everything you discussed, and use the memorandum as a guide in your discussions. Make sure the defendant reads and writes, or read the document to him or her, verbatim, and obtain his or her signature. (I would suggest that you have a place for the defendant to initial indicating that he had the opportunity to have any questions addressed, and that he is satisfied those questions were answered).

In my County Attorney days, I probably dealt with 5 - 10,000 or so pro se pleas. We didn't have to document everything back then, but I never had one come back on me. Today? DOCUMENT EVERYTHING

Be sure to stick this under your judge's nose:

CCP Art. 1.051(f) et seq.

(f) A defendant may voluntarily and intelligently waive in writing the right to counsel. A waiver obtained in violation of Subsection (f-1) or (f-2) is presumed invalid.

(f-1) In any adversary judicial proceeding that may result in punishment by confinement, the attorney representing the state may not:
(1) initiate or encourage an attempt to obtain from a defendant who is not represented by counsel a waiver of the right to counsel; or
(2) communicate with a defendant who has requested the appointment of counsel, unless the court or the court's designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county has denied the request and, subsequent to the denial, the defendant:
(A) has been given a reasonable opportunity to retain and has failed to retain private counsel; or
(B) waives or has waived the opportunity to retain private counsel.

(f-2) In any adversary judicial proceeding that may result in punishment by confinement, the court may not direct or encourage the defendant to communicate with the attorney representing the state until the court advises the defendant of the right to counsel and the procedure for requesting appointed counsel and the defendant has been given a reasonable opportunity to request appointed counsel. If the defendant has requested appointed counsel, the court may not direct or encourage the defendant to communicate with the attorney representing the state unless the court or the court's designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county has denied the request and, subsequent to the denial, the defendant:
(1) has been given a reasonable opportunity to retain and has failed to retain private counsel; or
(2) waives or has waived the opportunity to retain private counsel.

That's been the law since 2007, fyi.

I believe that the procedure in our county is anyone who shows up to a docket setting without an attorney gets the written warnings and checks off either "I want an attorney" or "I want to represent myself." If it's the latter, the judge brings them all up together and gives them the full oral warnings, then gives them another chance to say whether they want an appointed attorney. If they still want to represent themselves, then they can talk to the prosecutors. Anyone who comes straight to the prosecutor gets sent to the bailiff to get the written warnings.

Any process that begins with "The Judge in our county requires..." is probably subject to re-examination.