First Page
94
Date Created
1-4-2022
Publisher
St. Mary's University School of Law
Editor
Bailey Rider
Last Page
141
Abstract
When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and public confidence in Texas’s criminal justice system.
Recommended Citation
Michael J. Ritter,
Resolving the Anders Dilemmas: How & Why Texas Should Abandon the Anders Procedure,
12
St. Mary's J. on Legal Malpractice & Ethics
94
(2022).
Available at:
https://commons.stmarytx.edu/lmej/vol12/iss1/3
Included in
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