AUSTIN— Today, the Texas Public Policy Foundation filed an amicus brief in Guy James Gray v. Patricia Skelton. The case is set for oral argument on Thursday, Sept. 26.
The brief encourages the Supreme Court of Texas to reconsider the Peeler doctrine created by the Court in 1995, which barred those convicted of a criminal offense from suing their defense attorneys for legal malpractice unless they have been exonerated on direct appeal, through post-conviction relief, or otherwise.
“The decision to exempt criminal defense attorneys from legal malpractice liability was not a proper policy choice for the Supreme Court to decide in 1995,” said Robert Henneke, general counsel and litigation director at the Texas Public Policy Foundation. “This is a matter solely within the legislature’s purview. With the Peeler doctrine now back before the Supreme Court, the time is ripe for the Court to reconsider its judicial policymaking from 25 years ago.”
To read the amicus brief in full, please visit:
https://www.texaspolicy.com/wp-content/uploads/2019/09/2019.09.25-Amicus-Curiae-Letter-Brief.pdf