Articles Regarding Capital Representation

Current

Mark Bookman, 10 Ways to Blow a Death Penalty Case, Mother Jones, April 22, 2014.

Robert Smith, The Worst Lawyers, Slate, November 5, 2015.

Wire Services, Texas lawyer who nev­er won a cap­i­tal mur­der case calls it quits defend­ing ​‘the very worst’ clients, Dallas News, August 2016.

David Rose, Death row: the lawyer who keeps los­ing, The Guardian, November 24, 2016

Historical

An exam­i­na­tion of 461 cap­i­tal cas­es by The Dallas Morning News found that near­ly one in four con­demned inmates has been rep­re­sent­ed at tri­al or on appeal by court-appoint­ed attor­neys who have been dis­ci­plined for pro­fes­sion­al mis­con­duct at some point in their careers. (“Quality Of Justice” Dallas Morning News, September 10, 2000).

An inves­ti­ga­tion by the Texas Defender Service found that, ​“Death row inmates today face a one-in-three chance of being exe­cut­ed with­out hav­ing the case prop­er­ly inves­ti­gat­ed by a com­pe­tent attor­ney and with­out hav­ing any claims of inno­cence or unfair­ness pre­sent­ed or heard.” (Lethal Indifference: The Fatal Combination of Incompetent Attorneys and Unaccountable Courts Texas Defender Service, 2002).

In Washington state, one-fifth of the 84 peo­ple who have faced exe­cu­tion in the past 20 years were rep­re­sent­ed by lawyers who had been, or were lat­er, dis­barred, sus­pend­ed or arrest­ed. (Overall, the state’s dis­bar­ment rate for attor­neys is less than 1%.) (Seattle Post-Intelligencer, Aug. 6 – 8, 2001).

According to an inves­ti­ga­tion by the Chicago Tribune, 12% of those sen­tenced to death from 1976 – 1999 were rep­re­sent­ed by, ​“an attor­ney who had been, or was lat­er, dis­barred or sus­pend­ed – dis­ci­pli­nary sanc­tions reserved for con­duct so incom­pe­tent, uneth­i­cal or even crim­i­nal that the state believes an attor­ney’s license should be tak­en away.” An addi­tion­al 9.5% inmates, ​“have received a new tri­al or sen­tenc­ing because their attor­neys’ incom­pe­tence ren­dered the ver­dict or sen­tence unfair, court records show.” (Ken Armstrong and Steve Mills, ​“Inept Defenses Cloud Verdict,” Chicago Tribune, November 15, 1999).

In North Carolina, at least 16 death row inmates, includ­ing 3 who were exe­cut­ed, were rep­re­sent­ed by lawyers who have been dis­barred or dis­ci­plined for uneth­i­cal or crim­i­nal con­duct. (Charlotte Observer, Sept. 9, 2000).

[Link to Law Review Article Page]