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BigLaw Attorneys’ Folly with Mail Gets Death Row Inmate New Hearing By Rebecca E. Neely The devil’s in the details. For no one, it seems, does this appear to be a more accurate, albeit, ironic statement, than for big law firm Sullivan & Cromwell’s pro bono lawyers, who are representing Alabama death row inmate Cory Maples.
Maples was convicted in 1995 of murdering two men execution style. He missed a deadline for his appeal in the case. Why? Because no one opened the mail. Yes, that’s right. The prestigious firm, with all its law degrees, awards, and sophisticated global clientele and practice, failed to perform the ordinary task of opening its mail. However, Maples won’t lose out entirely. That’s saying something – in dealings with the high court, defendants are, as a rule, held liable for any mistakes their attorneys make. In essence, the court ruled to reverse a federal appeals court ruling that barred Maples from appealing. Translation? Maples gets a second chance. Why? Justice Ruth Bader Ginsburg said in her majority opinion that the attorneys didn’t make a mistake, they actually abandoned their client. Justice Samuel Alito termed the entire matter “a veritable perfect storm of misfortune.” Ginsburg also said in her opinion: “Through no fault of his own, Maples, an inmate on death row, was left unrepresented at a critical time.” Her remarks also criticized the state of Alabama for using ‘green’ attorneys, as well as paying them a paltry amount in the representation of death row inmates. So, what happened? The attorneys who’d been representing Maples had departed for greener pastures, one for a position in Europe; the other to take on a clerk’s position for a federal judge.
Ginsburg was quoted as saying: “The attorneys Maples thought were vigilantly representing him had abandoned the case. They did not inform Maples or the Alabama court of this reality.” For whatever reason, the letters sent to Sullivan & Cromwell were not given to any other attorneys, and were returned, unopened to Alabama. The local attorney didn’t do anything either, in the belief that S&C was on the case. As well, the court clerk did nothing when the notices came back, which stated the attorneys were not with the firm anymore. A theme of nothing, coupled with inaction, seems to an emerging theme here. And if that’s not enough insult and injury, the court had both the attorneys’ personal phone numbers and home addresses on file. Only when the deadline to appeal had come and gone did Maples learn of what’d happened. And, though, at that point, other S&C attorneys tried to take up the cause, state and federal courts were of the mind Maples could not appeal. Though, at this moment, Maples remains on death row and his conviction and sentence still stands, he will get the opportunity to have a court hear his clearly legitimate grievances regarding the pathetic, or rather, lack of representation he received. What’s the lesson here? Attorneys, open your mail. People in general, stop passing the buck. And death row inmates? Don’t kill people.
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