Post by SoulTrainOz on Jun 13, 2006 20:59:59 GMT -5
Defendants.
A legal advocacy group has filed a class-action lawsuit accusing
Williamson County of regularly denying indigent defendants facing
misdemeanor charges their right to a court-appointed attorney.
The Texas Fair Defense Project filed the petition Monday on behalf of people facing misdemeanor criminal charges in the county, naming three specific defendants.
The lawsuit comes after more than a year of courtroom observation by the Austin-based group, which focuses on improving poor defendants' access to legal counsel, and the Texas Criminal Justice Coalition, a watchdog of the state's criminal justice system.
The lawsuit accuses Williamson County, which is located in Central Texas with a county seat in Georgetown, and several judges of not informing defendants about their right to representation or of providing misleading information.
It also alleges that defendants were encouraged to give up their right to legal counsel and to speak with prosecutors without an attorney.
According to the lawsuit, the courts discourage defendants who request court-appointed attorneys and delay the appointment of an attorney.
Stephen Ackley, chief civil litigator for the county attorney's office,
said the office would investigate the allegations. He declined to comment on the lawsuit.
Dominic Gonzales, of the coalition, said the groups observed prosecutors speaking to defendants who did not have lawyers.
"We want the practices that this county employs to change dramatically so that every single person that faces criminal charges has their opportunity for their day in court," Gonzales said.
The lawsuit seeks an injunction requiring the county to inform people facing misdemeanor charges and possible imprisonment of their right to court-appointed legal counsel and to provide attorneys for indigent defendants.
The plaintiffs are not seeking any monetary damages.
In addition to Williamson County, the lawsuit names as defendants County Judge John Doerfler, County Court-at-Law No. 1 Judge Suzanne Brooks, County Court-at-Law No. 2 Judge Tim Wright, County Court-at-Law No. 3 Judge Don Higginbotham and Judge William Thomas Eastes, a magistrate in Georgetown.
Doerfler, Eastes and Wright said Monday they had not seen the lawsuit and declined to comment. Brooks and Higginbotham did not return calls Monday evening.
Source: The Fort Worth Star Telegram
A legal advocacy group has filed a class-action lawsuit accusing
Williamson County of regularly denying indigent defendants facing
misdemeanor charges their right to a court-appointed attorney.
The Texas Fair Defense Project filed the petition Monday on behalf of people facing misdemeanor criminal charges in the county, naming three specific defendants.
The lawsuit comes after more than a year of courtroom observation by the Austin-based group, which focuses on improving poor defendants' access to legal counsel, and the Texas Criminal Justice Coalition, a watchdog of the state's criminal justice system.
The lawsuit accuses Williamson County, which is located in Central Texas with a county seat in Georgetown, and several judges of not informing defendants about their right to representation or of providing misleading information.
It also alleges that defendants were encouraged to give up their right to legal counsel and to speak with prosecutors without an attorney.
According to the lawsuit, the courts discourage defendants who request court-appointed attorneys and delay the appointment of an attorney.
Stephen Ackley, chief civil litigator for the county attorney's office,
said the office would investigate the allegations. He declined to comment on the lawsuit.
Dominic Gonzales, of the coalition, said the groups observed prosecutors speaking to defendants who did not have lawyers.
"We want the practices that this county employs to change dramatically so that every single person that faces criminal charges has their opportunity for their day in court," Gonzales said.
The lawsuit seeks an injunction requiring the county to inform people facing misdemeanor charges and possible imprisonment of their right to court-appointed legal counsel and to provide attorneys for indigent defendants.
The plaintiffs are not seeking any monetary damages.
In addition to Williamson County, the lawsuit names as defendants County Judge John Doerfler, County Court-at-Law No. 1 Judge Suzanne Brooks, County Court-at-Law No. 2 Judge Tim Wright, County Court-at-Law No. 3 Judge Don Higginbotham and Judge William Thomas Eastes, a magistrate in Georgetown.
Doerfler, Eastes and Wright said Monday they had not seen the lawsuit and declined to comment. Brooks and Higginbotham did not return calls Monday evening.
Source: The Fort Worth Star Telegram