Texas Fair Defense Project News

Texas Fair Defense Project Updates Website

Wed, 24 Oct 07 16:35 CDT

Welcome to TFDP's newly-expanded website. We have included updates on our advocacy in the state legislature, our public education efforts, and ongoing litigation to improve public defense in Texas... visit the site.

The United States Supreme Court will decide the case of Rothgery v. Gillespie County, Texas (07-440)

Tue, 04 Dec 07 09:00 CDT

The Texas Fair Defense Project is counsel for Walter Rothgery. The Rothgery case presents a critical issue for indigent defendants: When must counsel be appointed? In many Texas counties, individuals arrested for criminal offenses and bound over for trial wait months before a defense attorney is appointed. TFDP's lawsuit seeks to protect Mr. Rothgery and thousands of other indigent defendants who are denied the assistance of counsel for extended periods under the current Fifth Circuit rule. The case likely will be argued in March 2008. Click here for pleadings and background information.

CCA Rules for TFDP Client in Williams v. State, Texas (PD-1245-06)

Thu, 17 Jan 08 09:00 CDT

In an important victory for poor people accused of crime, the Texas Court of Criminal Appeals affirmed in Williams v. State (PD-1245-06) that an invalid waiver of the right to appointed counsel requires reversal of a criminal conviction. TFDP and Perry Stevens of Angleton represented Janet Lorraine Williams before the CCA. Click here for more information on the Williams case.

Updates for TFDP site

Wed, 12 Mar 08 09:00 CDT

"Mr. Rothgery's Reply Brief before the U.S. Supreme Court" PDF added to Rothgery v. Gillespie County case documents list here. San Antonio-Express news story link added here.

Update for TFDP site

Fri, 14 Mar 08 08:00 CDT

Austin American-Statesman news story link added here.

Updates for TFDP site

Sat, 22 Mar 08 11:00 CDT

Ft. Worth Star-Telegram and Houston Chronicle news story links added here.

TFDP is hiring

Fri, 06 Jun 08 11:00 CDT

TFDP currently is hiring a Staff Attorney and a Policy Analyst. here.

TFDP Wins U.S. Supreme Court Case Affirming that All Texans Have Right to Counsel Shortly After Arrest

Mon, 23 Jun 08 17:30 CDT

The U.S. Supreme Court ruled 8-1 in Rothgery v. Gillespie County that Texas is violating the Sixth Amendment by failing to appoint counsel within a reasonable time after indigent defendants have their initial appearance before a magistrate and are informed of the charges against them.

Under current Texas practice, indigent defendants often are denied appointed counsel until they are indicted, which could come weeks or months after an arrest and initial appearance. The initial appearance that triggers the right to counsel, however, occurs soon after arrest, and many Texas counties will need to change their procedures to conform to the Court's ruling.

The Supreme Court's opinion in Rothgery was issued on June 23, 2008. For a press release on the decision, click here. For opinions and pleadings in the case, click here.