I need a writ of habeas corpus for a prosecutor held in Contempt.
I have never had to use this in my 7+ years as a prosecutor, but I think it would be a good idea to have one.
Please email me email@example.com
We had a judge in one of the jurisdictions I used to work for who routinely threatened to hold prosecutors in contempt. It was only half in jest that when a prosecutor was assigned to that court they would be instructed that they were entitled to a PR bond and a hearing before an independent magistrate. Don't know if that helps you any.
I don't have a form for you, but the provision for release for an officer of the court is Govertment Code sec. 21.002(d). The prosecutor has to file a motion requesting release on their personal recognizance in the court that held them in contempt. It's a "shall release" provision. The judge of the administrative district has to assign a new judge to hold a contempt hearing.
Just sent you a PR bond I carried with me for years. (just in case)
I sent you a motion, some notes, and a couple of cases. Good luck.
I sent you our 4 page 'grab and go' packet. It has our standard 'how to get yourself out of jail' advisory for a lawyer held summarily in contempt, a Motion for immediate release and request that another judge hear the matter under the Government Code, an Order form, and a copy of the applicable statute. I keep a couple sets of the packet printed out and tacked to the bulletin board in my office. So far, I don't think we've had to actually use them. However, there have been a few times we'e made sure prosecutors have a set with them...
Will you please send me that "grab and go" packet? Thanks!
Thanks at all.
Y'all can feel free to experiment with the new attachment function we now have; click on the "Add Attachment?" hyperlink below the text box of your reply.
I would appreciate a copy of the packet as well - if it isn't too much trouble~
Lisa L. Peterson
Nolan County Attorney
Testing new and improved attachment function.
Untitled.pdf (710 Kb, 83 downloads) Lawyer contempt "grab and go" packet.
I'm duly impressed by the attachment feature. And thanks for sharing your packet, it's a handy thing to have around!
Love the attachment function and thanks! I had a judge, many years ago, threaten to hold me in contempt in the hallway, because he didn't like my attitude. I told him he had threatened me enough, and that he should either do it, or just shut the heck up, because I was tired of it. He left me completely alone after that (and was thrown off the bench a few months later for unrelated misconduct).
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