March 03, 2015, 10:18
The_Learned_HandAny issues with a JP Judge having defendants waive their right to appeal?
Our JP Judge introduced a new "Waiver of Appellate Rights" document in which the defendant waives any right to appeal the courts judgement.
It is signed in all cases, whether a plea bargain exists or not.
I'm not sure if this is standard practice in other counties and I don't do a lot of JP prosecution, but I was under the impression there was some sort of 10 day automatic appeal to County Court at Law provision. Any thoughts on a JP Judge having them sign a appellate waiver?
March 05, 2015, 08:50
A. Diamond"Signed in all cases"? I am thinking the most immediate issue may be one with the State Commission on Judicial Conduct.
March 06, 2015, 10:27
ekquisenberryArt. 45.052 CCP provides for appeals from JP courts up to CCLs. It is a trial de novo in the CCL. It's certainly not standard procedure -- or a procedure in any way, shape or form -- here and not something I've heard from elsewhere, either. Bad juju, seems to me.