What to do if my son’s request for the name and contact information ofhis court appointed appeals attorney, has been denied?
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What to do if my son’s request for the name and contact information ofhis court appointed appeals attorney, has been denied?
My son is appealing his case. He has to use a court appointed appeals attorney. He has questions and when he asked for the name and contact information for his attorney, the court clerk refused to give this information. Said that the attorney was paid $75 per hour anytime my son talked to him. Said there was no need to talk to him and his attorney would get with him when he had anything to report. Is this legal?
Asked on July 30, 2011 Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it is not. Your son has a right to speak with his counsel about the matters at hand regardless of who is footing the bill. You need to go over the clerk's head on the matter or there may be a different way to find out, seeing who files the notice of appeal on behalf of your son. But I would really take the matter to above the clerk's head and continue to question every supervisor and then I would file a complaint with the chief judge. The Constitution provides for the right to have effective counsel and includes the right of the convicted or accused to be able to speak with their attorney. Keep on pushing. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it is not. Your son has a right to speak with his counsel about the matters at hand regardless of who is footing the bill. You need to go over the clerk's head on the matter or there may be a different way to find out, seeing who files the notice of appeal on behalf of your son. But I would really take the matter to above the clerk's head and continue to question every supervisor and then I would file a complaint with the chief judge. The Constitution provides for the right to have effective counsel and includes the right of the convicted or accused to be able to speak with their attorney. Keep on pushing. Good luck.
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