BAGWELL v. JOHNSON, (W.D.Tex. 2003)

ORLANDO GARCIA, District Judge

The matters before this Court are (1) the respondent's motion, filed July 2, 2003, requesting substitution of counsel and (2) the respondent's advisory, filed July 2, 2003, in response to this court's Show Cause Order.

This Court recognizes that the incredible burdens imposed upon the Capital Litigation Division of the Office of the Texas Attorney General make longevity by attorneys in that Division fairly unusual. The facts and circumstances that gave rise to this Court's Show Cause Order, issued June 19, 2003, provide more than adequate illustration of the problems that can occur when there is a failure to timelyadvise the Court of a change in the identity of respondent's counsel of record. Therefore, in the future, both the respondent and the Texas Attorney General are respectfully requested to timely file a notice of substitution of counsel when an attorney handling a capital habeas case for the State of Texas leaves the Attorney General's office. The parties are advised that no sanctions will issue in this cause as a result of the confusion that required the issuance of this Court's Show Cause Order.

Accordingly, it is hereby ORDERED that:

1. Respondent's motion for substitution of counsel, filed July 2, 2003, is GRANTED; attorney W. Erich Dryden is SUBSTITUTED as counsel fo record for respondent herein.

2. The Clerk shall send a courtesy copy of this Order to respondent's former counsel of record, attorney Matthew Wymer.