7659 Version 1.000
The page is http://www.lawyerdude.netfirms.com/7659.html
Letter #7659 to an Appointed Texas Lawyer who wrote no motions. He quit after this letter.
Update. It has been over two years since the arrest. Jason has remained out on bail. No further prosecution has happened. I consider this a win.
A year ago I received a report from Jason’s Dad that the court appointed a replacement lawyer for Lawyer K___. I read the transcript of this court session. K used the excuse that Jason already had a lawyer. K saved face for himself. K based this on the transcript where Jason said that I was his lawyer. I included this partial transcript in the accusatory letter where I accused Lawyer K of doing nothing.
It is now 2 years from the date of arrest. Nothing has happened in the case. A co-defendant accidentally blew up a house while out on bail. This explosion killed an innocent woman who lived in the house.
Jason has kept his nose clean and continues to work as a union electrician. His Dad has recently been elected business rep which means that the dad works at the union office managing assignments and such.
A hurricane after Katrina went right through Jason’s yard. They had to fix the roof.
The sheriff lost the election. There is a new sheriff now.
I have not inquired further in this case except to keep in touch with Jason’s dad. Best to let sleeping dogs lie.
Here is the letter:
Monday, January 31, 2005. By fax to Appointed Counsel K________
The page is http://www.lawyerdude.netfirms.com/7659.html
This is a sanitized version of Letter #6737
Dear Appointed Attorney K_____,
I am Lawyerdude. I accuse you of gross neglect and incompetence! I hate bad lawyers!
This letter will memorialize our telephone conversation today. Your evasiveness, defensiveness, and deceit today are so typical of the incompetent appointed lawyers that I challenge every month. I called your office first thing in the morning this morning Central time. It was 6 a.m. in my time zone. At 4:30 pm your time I received a call back from Tanya in your office. She seemed surprised that a human defendant could employ 2 or more lawyers. Obviously she did not watch the O.J. Simpson trial. I did watch the trial.
All Americans now know that Johnny Cochran did not ever say to O.J.:
“Hey pal, I don’t do written motions.” or
“There are no pre-trial motions” or
“You are not entitled to see your police report”
And yet you have said all these things to your client _____.
The standard is the same in Texas. Jason has a right to make his lawyer write. I explained to Tanya the reason for my call. I called to inquire regarding written motions in the case. I want to know if you intend to file written motions for your neglected client, Jason Lisle. At the following link you will find 2 documents and 5 motions that YOU should have filed.
http://www.lawyerdude.s5.com/jason.html
I filed these 5 motions.
These motions are:
1st motion. Motion #6570: For Dec 8 2004. Coolidge Motion. Motion to quash nunc pro tunc the warrant due to non-neutrality and non-detachment of the magistrate, who is brother of the sheriff. http://www.lawyerdude.s5.com/coolidg2.html Filed Nov 12. Set for December 8. Everybody failed to appear.
2nd Motion #6566 Motion to Suppress evidence. http://www.lawyerdude.s5.com/6566.html filed Nov 12th. Set for Dec 16th.
3rd Motion #6580. Motion to Vacate Pre-trial and reset it for January 13th, Thurs Feb 3rd, the 1st Thursday. http://www.lawyerdude.s5.com/6580cont.html
4th Motion. Motion #6639: Application and Order to compel production of Witness List and $100 fee for obstinance necessitating this motion. http://www.lawyerdude.s5.com/6639.html Set for December 17. This motion was apparently ignored.
5th Motion. Motion #6642. 5th in Lisle case. Upgraded Suppression motion citing Aquilar v Texas and Wong Sun. Set for Jan 6. Did anybody show up?
Please let me know if you do not have internet access and I will fax the documents to you. Like many appointed lawyers and government officials, you apparently save your email resources for family and friends and others more important to you than your clients.
You returned my call later in the day. You did not answer my query: There is your defensiveness. You implied that you did not already know that I am authorized to do whatever I can for Jason Lisle: There is your deceit. You apparently did not order transcripts for the court sessions that happened before you were appointed: There is your gross negligence. I attach herewith a portion of the transcript of November 19, 2004 at which time Jason Lisle announced to the court that I am his Attorney. I have written 5 motions and 2 other documents in the case. I have served papers on Prosecutor Davis. He, like you, is denying Jason Lisle of his constitutional rights. If you have any doubt that Jason authorizes me, why don’t you just telephone him. Give me a call if you don’t have Jason’s telephone number.
My questions to you are simple:
1 Do you intend to argue my 5 pertinent motions that Jason and his parents have filed?
2 Do you intend to go through this case filing no papers?
Jason needs to know that so that he can have you fired and brought up before the bar
for neglect and incompetence - although I doubt that the bar cares much about incompetent and grossly negligent appointed counsel.
I always hope to find a lawyer who will at least argue the motions that I write. I already know that appointed counsel never actually writes a motion. W hen you indicated to Jason and Steve Lisle that you are planning a completely passive and oral defense, well that was no surprise to them or me.
If “effective assistance of counsel” is not available in your area, then the court is obligated to import counsel from out of state. That is binding precedent in your state. Everybody needs an out of state lawyer! One who cannot be whacked by the local corrupt and incompetent bar and judiciary. Oh, and this is written on behalf of J ______ - in confidence to you - from his other lawyer. You have a duty to preserve client confidentialities.
Okay, well there you have it. You are on your way out, pal. Jason demands a copy of his file by close of business on Tuesday. That’s today. Please mail it to him. He deserves better than to have to drive to the next county to visit his lawyer - especially a lawyer who does nothing. I often say this: “There is really no need for a public defender (that’s you, Attorney K___) to learn to read and write. He does the entire case orally. He feels that he has done his job if he is in court and awake while the case is happening. In some cases they do sleep. The story about the sleeper is linked to my “New Standard for Appointed Counsel” at the following link: http://www.circuitlawyer.8m.com/5635.html
There are 5 public defender speeches.
1 I waive arraignment (and all my pre-trial rights) and plead guilty for my client.
2. My client wishes to change his plea to guilty.
3. I have read the sentencing report and have nothing to add.
4. My client wishes announce that he will be appealing.
5. And. . to the client . . “The court will appoint you a lawyer for appeal if you ask them” Meanwhile the defendant sits in jail unable to post bail on appeal.
Then the appointed appellate lawyer (who writes) says to the court (in writing) “I can’t find any issues; there were no motions or proposed jury instructions to argue on appeal. There fore you waived those rights. I can’t argue ineffective assistance of counsel because . . . according to the Strickland test http://www.circuitlawyer.8m.com/5699.html this incompetence is irrelevant
because it is the norm.”
By stealthy encroachment bad governments take away our fundamental rights. They sell them back to us as driver licenses, bar dues and construction permits. You are part of the problem.
Maybe I am wrong. Maybe you have indeed written some motions. If so, then please inform Jason and me. We are happy to acknowledge such motions in Jason’s declaration attesting to your neglect and incompetence.
- Lawyerdude
Partial Transcript of November 19, 2004:
Jason___ is the defendant.
THE DEFENDANT: I've got a lawyer.
THE COURT: You've got an attorney?
THE DEFENDANT: Yes.
THE COURT: Who is your attorney?
THE DEFENDANT: Doug Palaschak
THE COURT:
The Prosecutor, MR. DAVIS: Okay Your Honor, could -- could certainly I wouldn't inquire into anything that had anything to do with the merits of this case, but I'd like the Defendant under oath if you'll put him under oath and let me ask him a few questions about his attorney. Because this -- this guy that he claims is his attorney and has filed all he's been filing the stuff, not some attorney. this stuff And this guy doesn't have a license to practice in the State of Texas, at least according to the State bar. I assume they know. I have
If he -- if he's not going to hire a Texas lawyer I'd ask, Your Honor, to appoint him a lawyer because we need to proceed with the case and he just -- you can read the stuff he's filed and it's evident that he's just playing games.
THE COURT: All right
THE DEFENDANT: I believe I'm going to hire Hal Laine [a local expensive lawyer who did not ever appear in this case and was not ever hired] to argue my case. these motions for me. This [meaning Lawyerdude] is just a lawyer that's prepared [meaning that Lawyerdude has prepared these written motions].
The prosecutor MR. DAVIS: This is a lawyer that's got a website to where he confer -- he refers to himself as lawyer dude. He's from out in California someplace. [California?! We aint having no flim flam Californey lawyer in this here court. No sir! ]
THE COURT: Okay. This
MR. DAVIS: Doesn't have a Texas license.
THE COURT: I can't accept this if he's not a Texas lawyer.