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.

Thanks,
Scott

Please email me sgreen888@yahoo.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.

quote:

sgreen888@yahoo.com

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!

Sure will.

Thanks at all.

-Scott

quote:

Originally posted by e hernandez:
Will you please send me that "grab and go" packet? Thanks!

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~

Testing new and improved attachment function.

A.D.

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).