I've been speaking with a prosecutor who is being bombarded with motions from a self-identified member of the ROT. The ROT member has purportedly been given a durable power of attorney from a pro se defendant.

Does anyone have any strategies for dealing with this general issue? May I put you in contact with the prosecutor at issue?

Whether or not someone holds a power of attorney purporting to grant authority to represent the principal in court, I presume the ROT member is not a licensed attorney. While he is therefore subject to injunction under Chapter 81, Subchapter G of the Government Code, I believe the court may simply ignore any motions filed by someone not legally qualified to "represent" the defendant. See Borden, Inc., 570 S.W.2d at 450 (court has obligation to see that one appearing in court on behalf of another is duly qualified and licensed); Parker, 957 S.W.2d 860 (unauthorized documents stricken).

Has the prosecutor in question contacted the State Bar? This would be a good opportunity for our better-paid colleagues at the compulsory association to put their money where their mouths are in terms of protecting the integrity of the profession. Of course, since we aren't talking about a corporation that might be able to pony up hefty attorney's fees upon losing, incentive may be a bit sparse. Besides, the State Bar probably has golden fringe on their flags, indicating they're too busy worying about maritime matters to fool with this imbroglio.

I might be a bit concerned about the defendant's competency, however. Anyone who would knowingly place their trust in a ROT member probably has lost some substantial grip on reality.

Even if all the prior points are valid, and I think they are, no one is required to honor a power of attorney. It is presented on behalf of the granting person, however, no one has to honor it. I had to advise military clients about this all the time before deployment. I say make all the calls as stated by the other posts, and also refuse the to honor the document.

Bob Cole was called to active duty as an Air Force JAG about two years ago while he was Asst CDA in Wood County. He has just recently returned to Texas. Bob, we salute you for your service to your country.