Subsidizing the Private Bar
One of the private attorneys won a motion in front of the Judge today. He had a good brief and good facts. I should know, because I developed the facts and wrote the brief. However, my client had been able to bond out, which meant he had to get private counsel. I wrote the brief anyway, to make sure it'd get done. I'm glad it worked and I'm glad my guy went free on that B.S. charge. I just wonder how much his attorney charged for my work...
Jack
Jack
posted by Gideon's Guardians at Wednesday, November 22, 2006
3 Comments:
By virtue of bonding out, he no longer qualified as indigent?
According to my Judge, yes.
Although there is caselaw to the contrary, I haven't had a client willing to go up against the Judge yet.
Other judges do have a threshhold amount - make a $20,000 bond and you're presumptively not indigent.
That's one of the nice things about the military justice system that was hard to adjust to here - in the military you get an attorney whether you're a private or a general.
In Austin, even qualifying for a personal bond (with a promise to pay $20 later) will presumptively make you not indigent.
Fortunately, the system here has changed over the last few years to allow for more out of jail defendants to qualify for court appointed attorneys.
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