The Poor Man's Burden: Why Texas Should Provide Interim Counsel for Indigent Defendants When They Request a Substitute in Their Appointed Counsel

Authors

Shelly Messerli

Publication Date

10-1-2004

Document Type

Comment

Abstract

This Comment will address indigent defendants' need for interim counsel when requesting a change in appointed counsel. Part I will discuss the historical development of indigent defendants' right to appointed counsel. Part II will examine the current state of indigent defendants' right to counsel as required by the Sixth and Fourteenth Amendments. Part III will examine how Texas courts currently treat indigent defendants who attempt to obtain a change in appointed counsel. Texas cases will be discussed in order to illustrate the problem. Part IV will discuss how this proceeding merits the protections provided by the Sixth and the Fourteenth Amendments. Part V will discuss the cost considerations involved in providing interim counsel in this proceeding. Finally, Part VI will consider other alternatives to providing interim counsel, such as lowering the procedural burden or providing standby counsel.

DOI

10.37419/TWLR.V11.I1.8

First Page

157

Last Page

187

Recommended Citation

Shelly Messerli, The Poor Man's Burden: Why Texas Should Provide Interim Counsel for Indigent Defendants When They Request a Substitute in Their Appointed Counsel, 11 Tex. Wesleyan L. Rev. 157 (2004).
Available at: https://doi.org/10.37419/TWLR.V11.I1.8