Maples v. Thomas (10-63)

argument 10-63

Maples v. Thomas

Supreme Court of the United States 1h 0m 5 speakers 8 chapters transcribed 4 days ago official recording ↗

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What role did the State of Alabama play in the procedural default of Maples?

John G. Roberts 0:01

We'll hear argument first this morning in case ten sixty-three Maples versus Thomas. Mr Garr.

L. Tim Garr 0:07

Thank you, Mr. Chief Justice, and may it please the court. Two factors distinguish this case from those in which the court has found cause lacking to excuse a default. First, the state itself had a direct hand in the extraordinary events leading up to the default in this case. And second The actions of Maple's attorneys, which rise to the level of abandonment, are not attributable to Maples under agency law or other principles that this court has invoked in determining when attorney conduct may be imputed to a client. For either or both of those reasons. The default at issue in this case is not fairly attributable to Cory Maples, and the contrary decision of the eleventh circuit should be reversed.

John G. Roberts 0:49

You talk about the State's role. I assume that you are talking about there is the failure to take action after the return of the notices.

L. Tim Garr 0:56

I think that's that's right, Mr. Chief Justice. I I would couple that, though, with the fact that the State initially set up a system for the representation of indigent capital defendants that relies extremely heavily on the good graces of out of state counsel to represent indigent capital defendants in Alabama. Well put

John G. Roberts 1:14

putting that that to one side, w what if only one of the three notices had been returned?

L. Tim Garr 1:20

I think if only one from the out of state pro bono council I think that'd be a different case. I think what's remarkable about this case is you have both out of state attorneys. The notices come back marked Return to sender, left firm and an envelope, and the clerk does nothing. And what's extraordinary about that, Mr. Chief Justice, is that the system in this case relies on the out of state attorneys to the case.

Unknown 1:46

You have a local attorney. And you have to have a local attorney. For the case, don't you? And and and you want us to believe that the local attorney is has no responsibility for the case at all? Is is this really what the what the law requires? I I think there is a serious ethical obligation when he has the when he gets the notice, he is one of the attorneys for your client. And he got the notice, right? That one was not returned. That's correct. He failed to check with the w with the New York lawyers who were working with him. Why is that re why is the state responsible for that?

L. Tim Garr 2:22

We have three points on the local council, Your Honor. First, uh the record shows that the notice is not attributable to Mr Maples because Mr. Butler had disclaimed any relationship Apart from facilitating the admission of his out of state attorney.

Unknown 2:36

Disclaimed to who? Didn't to I mean how could a clerk be expected to know that the local council really isn't taking any part?

L. Tim Garr 2:49

I I think a coup a couple of things on the the clerk's perspective. First, uh we do think that it was well known in Alabama that under this unique system, out of state attorneys were doing all the work in these cases and local counsel were simply facilitating their admission. Second who's one of the

Anthony M. Kennedy 3:04

Mr. Garr, I mean is there anything in the record on that point on the Alabama system generally?

L. Tim Garr 3:09

Uh uh a couple of things, Your Honor. First, we do have the amicus briefs which discussed that anecdotally. I would say that the State of Alabama, uh, in its brief in opposition to this court a few years back in the Barber case, specifically touted the role of out of state attorneys under its system, and as far as I could tell, didn't mention local counsel once. So I think it it was fair to say that it's known that the out of state attorneys here were doing all the work, but even if Clark.

Elena Kagan 3:36

You're begging the question, which is how is the clerk supposed to know this? This is a functionary in the clerk's office. who sends out notices, receives back mail that's not returned. There has to be some local council that does work. How is he supposed to know the difference between those that do and those that don't?

L. Tim Garr 4:08

Which ought to be an extraordinary event in the life of any clerk.

Unknown 4:11

You know, even if local counsel is as you as you describe it, and nothing in the record establishes it, even if he is a functionary