On January 21, 2015, a well known capital defense attorney, was suspended for one year by Texas’ highest criminal court when he failed to file a timely motion to stop the execution of his client, Miguel Angel Paredes.
Apparently this was not the attorney’s first time filing late. Back in 2009 just as the new Texas Stay of Execution Deadline rule went into effect, the attorney had to appear before the Court of Criminal Appeals to explain another untimely habeas filing. In that case, the Court issued an order that the attorney failed to show good cause for his untimeliness in filing the appeal. At the attorney’s discipline hearing last month, the court once again found that the attorney “failed to show good cause for the untimely filings” consequently suspending him from practicing for one year. While the disciplinary hearing did not address any Rules of Professional Responsibility, untimely filing directly contravenes the spirit of ABA Model Rule 1.3, requiring attorneys to “act with reasonable diligence and promptness in representing a client.
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