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August 04, 2008

Rocking the Mag Court

The Magistrate's Court. It's in the basement of the Tarrant County Justice Center. It's not a real court (I don't mean that in a bad way). It's the place where felony cases go typically before they have been indicted for the purposes of determining whether a defendant has an attorney or if she qualifies for a court appointed attorney and to handle quick pleas. Some attorneys flourish there. It's possible to go into Mag Court and get appointed several cases and quickly get them pled out and make a quick thousand bucks. Some attorneys, however, don't do as well. Guess the group to which I belong.

I don't like Mag Court. I never had. It seems like the most unholy of dockets. If I've previously been appointed to a felony case, I will generally meet with my new client while she is still in jail. If she remains in jail, however, for whatever reason, the case is set in Mag Court. Typically, the case has not been indicted. But there I am, being asked whether I want to plead a case out pre-indictment for no reason other than the convenience of the system. At least that's how I perceive it.

Typically, I've already determined the best path on which to take a given case prior to ever showing up in the judicial purgatory of Mag Court, so it turns out being more of an extra stop in the journey. The problem comes when my name is called.

You see, there are three Magistrates in Tarrant County. At least that's what I've been told. I've only seen one. Judge Grant. He's a nice judge. I like him. But what typically happens is that while I am trying as quickly as possible to get in and out of purgatory, often times I hear Judge Grant call my name. "Mr. Matlock, do you have some time to handle a few cases for me?" Certainly, judge.

Don't get me wrong. I am certainly happy to take on whatever court appointment cases a judge would like to throw my way (especially since I just moved into a new office and I need to pay the excessive rent). But there are some attorneys that can walk into the holdover in Mag Court and get a defendant with whom they have met merely minutes before to take a deal that day and be done with their case. Apparently, I am not one of them.

As my good friend Roderick White says, I'm no Mag Court lawyer. I don't move cases. This came up today in District Court.

Several months ago, I was appointed to a woman's case in Mag Court. It was a simple theft case with multiple priors, to the point that she is now facing a second degree felony. She didn't like me from the start. She didn't listen to anything I told her, and repeatedly told me she would simply bond out and get a "free world attorney." Fine by me.

But, as my luck dictates, she never bonded out. She never hired that attorney. I would visit her and tell her the status of her case, the options available, and the likelihood of winning at trial. She didn't want to listen to me. I didn't know what I was talking about. (As an aside, I will happily admit this is not the first time a woman has made these remarks to me, if it will eliminate the need for my loyal readers to make this point.)

So this case has now dragged on to the point that it came up today on the trial docket. Granted, the likelihood of this case being reached for trial was slim to now (I hope this continues through the week, as well.) The problem came to a head when I showed up only to be questioned as to my sanity (again, not the first time) as to why I have this case set for trial. I really had no real answer.

Where the case goes from here, I have no idea. My client has bonded out. She might well be in the process of hiring that "free world attorney." If this magical lawyer can get her a better deal than I got for her, more power to him. I don't think it will happen.

But as I sat in court this morning, speaking with multiple prosecutors, it became clear. As the chief prosecutor of the court asked me why I had the case on the contest docket, I began to explain the story of this case. He cut me off and asked me a simple question. "Appointed or retained?"

"Appointed." He looked at me and asked where. Perhaps my face showed more than I thought, but he suddenly began laughing. I'm no Mag Court lawyer.


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Comments

It's all your fault! I'll get you, my pretty, and your little dog too!

Hahahahahahahahah!

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