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improper judge behavior

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B

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Guest
Texas - Judge removes retained attorney (CASE A) when attorney doesn't show for trial.... no motion for withdrawal. Judge sets new trial date in two 2 weeks and orders client to be represented by yound public defender without time to get another attorney or obtain $ retainer back. Judge on that same day, also removes the same retained attorney from an upcoming trail (CASE B) and orders client to be represeted by same young public defender.

Yound PD is asked by client to provided trial record and senior PD takes over and provides poor counsel (CASE A) ... Conviction.

Senior PD is asked to file APPEAL. Very angry. Does so but sets up an idigency hearing for the client that was convicted. Client has spent his settlement for near fatal accident (hit by DWI) and has not worked for several years and is on Food Stamps. Same Judge rules client NOT INDIGENT then removes Senior PD as Counsel for both (CASE A - APPEAL) and the upcoming (CASE B) trail.

(CASE B) is DISMISSED as it was malicious prosecution by Police (for Filing false Report) client talked with DA and showed letters sent to Detective.

Appeal process is now stalled. But apparently the Appeal Court feels that there is some questions as to how the Senior PD handled the process. (Indicated in Motion to Withdraw to the Appeal Court that client was found to be inident prior to the indigency hearing and client never was) There is a Status Hearing for APPEAL upcoming.

Now client had a retained attorney for (CASE C) again police harassment Evading Arrest... and now when client has been paying off sentence monthly on (CASE A) Same Judge allows attorney to withdraw... for "I would be affected in my closing statement" and said he would file a motion to Recuse if Judge asked him to disclose attorney/client priviledge. Attorney found to be friends with the Senior PD. Then Judge does not rule on a Motion for Continuance becasue he didn't see it and attorney didn't mention it. Clinet at hearing on withdrawal asks Judge to allow for the continuance to get money for new attorney. Judge says no.

Should client file motion to Recuse and/or file a complaint with the Judicial Board???

Please send/email this out to any law students/law professors who might want to use this as a project or case.

Contact [email protected] working along Mexico border with civil rights issues.
 



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