Contract for Attorney and Counselor-at-law

As you are presumed to be an Attorney and Counselor-at-law (hereafter “Counselor”), I am proffering said Contract to you, ______, to have Assistance of Counsel provided to the Accused by said Counselor in a criminal prosecution by the State in a criminal offense in the territorial boundaries of Texas.

The Bill of Rights of the Constitution of the United States arising under the adjudged decision of the Supreme Court of the United States in Mapp v. Ohio, 367 U.S. 643 (1961) held that the Bill of Rights of the Constitution of the United States applies to the States as well as Federal in criminal charges over-ruling Wolfe v. People of the State of Colorado, 338 U.S. 25 (1948). And further my constitutionally secured rights arise under the Treaty with Russia at 15 Stat 539 of the year of 1867 containing the Constitution of the United States and the Bill of Rights.

Counselor under the Texas Disciplinary Rules of Professional Conduct, (TDRPC) 1.02(f) when a lawyer knows that a client expects assistance not permitted by the rules of professional conduct, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct. The pertinent sections of the TDRPC are Rules 1.02, 1.04, and 3.09 are as follows, to wit:

1.02(a) – SCOPE AND OBJECTIVES OF REPRESENTATION

(a) Subject to paragraphs (b), (c), (d), and (e), (f), and (g), A lawyer shall abide by a client's decisions: (1) concerning the objectives and general methods of representation; (2) whether to accept an offer of settlement of a matter, except as otherwise authorized by law; (3) In a criminal case, after consultation with a lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify.

* * *

1.02(b) – SCOPE AND OBJECTIVES OF REPRESENTATION

A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client consents after consultation.

* * *

1.02(f) – SCOPE AND OBJECTIVES OF REPRESENTATION

When a lawyer knows that a client expects representation not permitted by the rules of professional conduct or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer's conduct.

* * *

1.04(c) FEES

When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.

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3.09 SPECIAL RESPONSIBILITIES OF A PROSECUTOR

The prosecutor in a criminal case shall:

(a) refrain from prosecuting or threatening to prosecute a charge that the prosecutor knows is not supported by probable cause;

(b) refrain from conducting or assisting in a custodial interrogation of an accused unless the prosecutor has made reasonable efforts to be assured that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not initiate or encourage efforts to obtain from an unrepresented accused a waiver of important pre-trial, trial or post trial rights;

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; [Emphasis added]

This disclosure to the Accused is also required if the Counselor is appointed by a Judge under the auspices of Public Defender or Office of Public Advocacy, as usually fees are billed after the purported defense under Texas Code of Criminal Procedure Article 26.05, and Travis County Criminal Courts, Fair Defense Act Program (b.), Appendix I. page xi.

Therefore, I, ______, (hereafter “Accused”) am seeking competent Assistance of Counsel in a criminal prosecution by the State; Assistance of Counsel as secured in the Texas Constitution and the national constitution’s Sixth Amendment of the Bill of Rights and as a Law of the United States in the Judiciary Act of 1789 Section 35;

Texas Constitution, ARTICLE 1. BILL OF RIGHTS, Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS.

In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. (Amended Nov. 5, 1918.)

The national constitution’s Sixth Amendment - Assistance of Counsel, to wit:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in this favor, and to have the assistance of Counsel for his defense. [Emphasis added]

The Law of the United States arising under the Judiciary Act of 1789 in pertinent part in Section 35 is, to wit:

That in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein. [Emphasis added]

And further, as you are an Attorney and Counselor-at-law (hereafter “Counselor”) under the TDRPC limitations, I have the following questions to determine said limitations. Please initial as required the following, and if an explanation is required, please attach and label the particular question to which the answer is required.

1.  Counselor what is your Texas Bar Association (TBA) number? ______

2.  Counselor if you are a member of the American Bar Association (ABA), what is that number ______?

3.  Counselor are you an Attorney and Counselor-at-law in the territorial boundaries of Texas? Yes  or No ?

4.  Counselor I require copies of the documents that certify that you are in fact a bona fide Attorney and Counselor-at-law, so please list and attach said documents that validate your claim, to wit: (a)______;

(b) ______;

(c) ______;

(d) ______;

5.  Counselor as the document issued by the Supreme Court of Texas states, (Rule XVII, Issuance of License Certificates and Cancellation of License Unlawfully Obtained (a)), “Upon an Applicant’s becoming entitled to a license under these Rules, the Board shall certify such Applicant to the Supreme Court, whose Clerk shall thereupon issue the corresponding license in the form of a written certificate.”, so therefore to validate said document, please attach a copy of the certification by the Board of Law Examiners.

6.  Counselor can you provide Assistance of Counsel to the Accused as secured in the Sixth Amendment? Yes  or No ?

7.  Counselor would there be any limitations on the Assistance of Counsel provided by you to the Accused as secured in the Sixth Amendment? Yes  or No ?

8.  Counselor is the judge the “arbiter of the facts and law” as stated in the Preamble of the Judicial Code, which binds all judges and applies to all judicial officers correct?

Yes  or No ? See Application of the Code of Judicial Conduct and Preamble.

9.  Counselor do you support and will you defend that the judge is the “arbiter of the facts and law” in the Accused’s criminal prosecution by the State? Yes  or No ?

10.  Counselor will you require that the Accused have an “independent Judge” in the prosecution by the State? Yes  or No ?

11.  Counselor do you agree with and will you assist the Accused to have an independent Judge as held in the adjudged decision of the Supreme Court of the United States in O’Donoghue v. United States, 289 U.S. 516, 532 (1933), wit:

*532 Chief Justice Marshall, in the course of the debates of the Virginia State Convention of 1829--1830 (pp. 616, 619), used the following strong and frequently quoted language:

'The Judicial Department comes home in its effects to every man's fireside; it passes on his property, his reputation, his life, his all. Is it not, to the last degree important, that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience? * * * I have always thought, from my earliest youth till now, that the greatest scourge an angry Heaven ever inflicted upon an ungrateful and a sinning people, was an ignorant, a corrupt, or a dependent Judiciary.'

In a very early period of our history, it was said, in words as true today as they were then, that 'if they (the people) value and wish to preserve their Constitution, they ought never to surrender the independence of their judges.' Rawle on the Constitution (2d Ed.) 281. [Emphasis added]

Yes  or No ?

13. Counselor do you agree with and will you assist the Accused to have the Trial by Jury according to the course of the common law, in which the Jury alone are the arbiters of the facts and not the Judge as held in the adjudged decision of the Supreme Court of the United States in Sparf v. United States, 156 U.S. 51 (1895)? Yes  or No ?

14. Counselor do you agree with and will you assist the Accused to have disclosed by the Prosecuting Attorney all of the exculpatory and inculpatory evidence to the Accused prior to the Trial by Jury as held in the adjudged decision of the Supreme Court of the United States in Strickler v. Greene, 527 U.S. 263, 280, 281 (1999), to wit:

[1][2][3] In Brady, this Court held "that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." 373 U.S., at 87, 83 S.Ct. 1194. We have since held that the duty to disclose such evidence is applicable even though there has been no request by the accused, United States v. Agurs, 427 U.S. 97, 107, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976), and that the duty encompasses impeachment evidence as well as exculpatory evidence, United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985). Such evidence is material "if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." Id., at 682, 105 S.Ct. 3375; see also Kyles v. Whitley, 514 U.S. 419, 433-434, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995). Moreover, the rule encompasses evidence "known only to police *281 investigators and not to the prosecutor." Id., at 438, 115 S.Ct. 1555. In order to comply with Brady, therefore, "the individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government's behalf in this case, including the police." Kyles, 514 U.S., at 437, 115 S.Ct. 1555. [Emphasis added]

Yes or No ?

15. Counselor the Accused requires that you provide copies of the public documents of the following public Officers that will participate in the Trial by Jury, being the Prosecuting Attorney [not Prosecutor] and Judge as an Offer of Proof that they are bona fide public Officers with all of the required documents as a public Record, to wit:

(a) Oath of Office to the “Constitution of the United States” arising under Article VI of the Constitution of the United States; and,

(b) Oath of Office to the “Constitution of the United States” as mandated by 1 Stat. 23 of 1789, being the very first Law of the United States; and,

(c) Oath of Office as required by Article XVI Section 1 of the Constitution of the State of Texas that is in quotation marks for all public officers exactly matching said oath to be sworn and subscribed; and,

(d) A Civil Commission as mandated by CAS 39.05.035, Marbury v. Madison, 5 U.S. 137, 157-159 (1803), and United States v. LeBaron, 60 U.S. 73, 78 ( 1856).

16. Counselor is “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;” arising under Article VI of the Constitution of the United States the supreme Law of the Land and the supreme Law in the courts of Texas in which the Accused’ alleged criminal offense will be prosecuted? Yes  or No ?

17. Counselor are you bound by the TDRPC 1.02(a) to only allow the Accused control of three items in a criminal proceedings, being as to how to plea, whether to waive a jury trial, and whether to testify? Yes  or No ?