The Office of Capital Writs
The Office of Capital Writs would be in charge of providing adequate appellate defense for state habeas corpus appeals. It would serve as a substitute for the system of appointing private attorneys in Texas to represent these claims.
The office enjoyed bi-partisan support in the state and came out of the State Senate without opposition. Its creation included a wide array of opinion leaders in the state, including the Office of the Governor and judges on the Texas Court of Appeals.
Texas leads the nation in the sheer number of executions that it holds. However, the legal system in Texas cannot even guarantee that defendants will receive a competent lawyer. The current system of appointing private lawyers to appellate cases has led to incompetent counsel, a lack of oversight, and high caseloads that undermine an effective defense, not honoring the state’s constitutional promises.
The creation of the Office of Capital Writs is essential to ensuring a fair and accurate criminal justice system in the state of Texas.
Benefits
- Accountability and oversight for state habeas lawyers
- Lower caseloads
- More competent attorneys handling state habeas claims
- Neglible cost from reallocating money for appointing private attorneys
Fact sheet on the Office of Capital Writs (pdf)
