Supreme Court Judge David Medina, Once Indicted in Arson, was Perry’s General Counsel When Willingha

GritsforBreakfast blog 7/28/09
New public defender responsible for Texas capital writs

Though this blog doesn't focus much on death penalty issues, arguably the most significant achievement in the 81st Texas Legislature regarding indigent defense was the creation of a new Office of Capital Writs, described thusly in the Houston Chronicle by Lise Olsen ("State to handle capital appeals," July 27):

Texas, which executes more convicts than any other state in the nation, will open its first capital defense office next year to manage appeals for death row inmates after years of reports that appointed private attorneys repeatedly botched the job.

“The status quo has been an international embarrassment,” said state Sen. Rodney Ellis, D-Houston, who sponsored the law that created the office. It was supported by an unusual alliance between the State Bar of Texas, the Court of Criminal Appeals and public defense advocates, who all backed it in the last legislative session.

The law was inspired by a series of stories about Texas inmates who lost crucial appeals after court-appointed attorneys missed deadlines or filed only so-called “skeletal” writs — documents with little information often copied from other cases. It represents a significant reform for Texas, one of the only capital punishment states that lacks a public defender to oversee key death row appeals known as state writs of habeas corpus.

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Ellis is right that our system has become an "international embarrassment," and it'll take more than platitudes and good intentions to restore some credibility to the system. This is a positive development, as was the creation of a trial-level capital public defender for West Texas counties last year. Inch by inch, Texas is taking the first steps toward actually improving its capital appeals system instead of just butting heads with SCOTUS over it.

Houston Chronicle 10/3/09
Doubting the public defender office
Some judges worry about how well lawyers would be vetted

(snip)
Independence at issue

Judges appoint lawyers for indigent defendants using either a wheel system that organizes participating attorneys into a queue to take appointments, or through long-term contracts with a few lawyers.

The system long has been controversial, with critics arguing that it allows judges, who run for election every four years, to repay political favors or contributions.

Two judges who applauded the start of a public defender office, Jan Krocker and Joan Campbell, said they did not want to be in charge of paying defense lawyers anymore.

"For the criminal justice system to work fairly, the defense lawyer has to be independent," Krocker said. "Although many lawyers strive for that, it is difficult when the judge gives the work and signs the paycheck."