Posted by David Jordan on 9/02/03

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I have a 2nd DWI charge that I was arrested for on Feb 18
03. When I showed up for the schedu8led jury trial 4 months
later, the judge called in sick. The Public defender
subsequently moved out of town so he had me moved to
another lawyer. The first lawyer said I should get off the
second said I was going to loose. I then informed her of
the particulars of the case that the first lawyer had
innformed me of and the second lawyer flew off the handle
and accused me of attempting to practice law and threw me
out of her office. One week later (the day before my jury
trial) she filed some request with the court to change
counsel for me without my knowledge or consent and without
me being present to hear what evidence was given. She then
made a comment about masogony to me and said this infront
of a local social worker. Now my question is that now that
the court has taken over 6 months to bring me before a jury
trial and there is a rule stating in essence "The court
must dismiss without prejudice an action pending for six
months from the date the complaint is filed if the
plaintiff (or a defendant asserting a counterclaim) has
failed to take all available steps to bring the matter to
trial. If the plaintiff has tried to have service made but
the defendant cannot be located, the case may be kept open
beyond six months if a reasonable effort is being made to
locate the defendant." Shouldnt I be able to file a Motion
to Dismiss Action for Failure to Prosecute? Also should I
bring this up with the bar association?, and fill out the
for for Complaints About Lawyers to them? Also durring my
arraignment the judge said "everyone in court is pleading
not giulty today" I had no opportunity to plead for myself.
David
Las Cruces, NM

Unprofesional Lawyers, 9/02/03, by David Jordan.

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