What is any office doing when trial counsel files in post-conviction habeas proceedings an affidavit declaring he/she was ineffective at trial and the "confession of error" is fatal to your conviction? Are you (1) doing nothing (2) grieving the attorney,(3) letting the trial judge grieve the attorney, (4) coordinating the grievance with the trial judge,(5) letting the appellate court file the grievance, (6) recommending removal from the appointment wheel/list, (7) suing the attorney for the expense to the county or (8) taking any other action?

Both attorneys and judges have a duty to report offenders under the rules, but does anyone do it or have a internal office procedure or policy in place?

JAS If you would rather, call me at 940-349-2600.

[This message was edited by JAS on 12-12-07 at .]

Very interesting question; I look forward to hearing the responses.

Let me add one other question to the mix: now that the legislature removed the prohibition on previously ineffective counsel being appointed to future DP cases, has anyone noticed an increase in these "sword-falling" affidavits in their jurisdiction?

I haven't noticed an increase in sword-falling (yet), but I did have one attorney call me up because the defendant's daddy called and said the writ attorney said there wouldn't be any penalty for it, so could he please just say he was ineffective? Trial attorney was furious and wrote me a great affidavit.

Instead of:
Certified by the Texas Board of Legal Specialization


All advertising could state:
Certified Ineffective by the Texas Court of Criminal Appeals

That was another idea I have heard: placing a full page adverstisement in the local newspaper informing the public that counsel had been held ineffective.

JAS