A bill to be entitled,
ASSISTANCE OF COUNSEL ACT
Whereas;
The Constitution of our United States imposed the duty on the STATE to provide Assistance of Counsel to any person accused by the STATE of an offense imposing penal sanctions, fine and/or imprisonment for the offense.
The Texas Constitution imposes the duty on the STATE of TEXAS to provide the accused counsel, so that the accused may be heard by himself or counsel, or both.
Whereas the accused have been denied assistance of counsel and, instead, forced to accept an Attorney to Represent them, acting as the accused while the accused is subject to any consequences of what the Attorney does, or fails to do.
Whereas the victim of malpractice by an Attorney representing the victim of an accusation for an offense they did not commit cannot effectively prosecute an action for malpractice from behind prison walls, or when left destitute by a wrongful conviction resulting from malpractice.
And whereas an offense is violation of a law, local, state, or federal, prosecuted on the Land of Texas, and the STATE OF TEXAS has a duty to provide liberty, also known as the protection of the Law, for every person on the Land of Texas.
Be it resolved that;
No person on the Land of Texas, accused of any offense imposing penal sanctions, shall be forced by any Judge operating on this Land to accept representation by an Attorney, but that every person so accused shall have assistance of counsel by a person who has proven their competence in knowing and understand the process by which laws are administered by obtaining a license to be a court officer, known as an Attorney.
The State Actor, operating as a Judge in a Court established on our Land of Texas, shall advise any and all persons accused of an offense that subjects them to criminal sanctions of their right to be heard by himself or counsel, or both. The Judge shall explain that this means the accused is not required to be deprived of being heard, with or without counsel, in their
own defense. The Judge shall explain that this means the accused may openly and actively participate in their own defense by objecting to what their counsel writes, says, or does, or fails to do, in the name of the accused, and that all written pleadings submitted by any Attorney assigned to counsel the accused must be countersigned by them.
The STATE OF TEXAS shall provide restitution for any victim of an erroneous or wrongful conviction resulting from the neglect or refusal of a State Actor, operating as a Judge in a Court established on our Land of Texas, where the Attorney appointed by the Judge representing the accused was ineffective in preventing a wrongful conviction.
The STATE OF TEXAS shall provide restitution for any victim of an erroneous or wrongful conviction resulting from malpractice by an Attorney appointed by the State Actor, operating as a Judge to preside over violations of State Law.
The Judge and Justices of every Court operating on the Land of Texas shall be required to comply with the mandate of our United States and Texas Constitutions to insure every person accused on this land of any offense subjecting them to penal sanctions has effective assistance of counsel, or be liable in their personal capacity to reimburse the STATE OF TEXAS for
Restitution provided to victim of a Wrongful Imprisonment for their actual economic damages and/or private property, personal and real, taken, damaged and destroyed by the STATE OF TEXAS, directly or indirectly, by a wrongful
conviction.
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