TDCAA Community
39.14 Violation by Defense Lawyer

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3117089516

April 28, 2017, 09:43
RCC
39.14 Violation by Defense Lawyer
I've got a defense lawyer who gave a jailed, gang-member client copies of discovery on a Murder. That violation is creating some potential witness safety issues. Has anyone dealt with this and, if so, what is the remedy? Contempt? Report to the bar?
May 01, 2017, 11:24
Jeff Swain
Contempt?

Ask the judge for an order let you only provide discovery by letting defense counsel review the information as opposed to giving him copies? The downside here is that there is nothing specifically authorizing such an order.

This is one of the problems with the Michael Morton Act. There is no specified remedy or sanction for defense attorneys who violate the rules on providing materials to their clients.