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6427 Cherie’s motion to compel lawyer to do something.
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Related pages:
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Name:William and Cherrie Webb _________
Parents-
Address:
Yukon,OK 73099
Phone: (405)324-5495
DISTRICT COURT OF CANADIAN COUNTY
STATE OF OKLAHOMA
JUVENILE DIVISION
OKLAHOMA DHS,
Petitioner,
and
William and Cherrie Webb
Parents and Real Party in
Interest,
Children's names
Mary,
John,
Ann
All Case JDH 2004-19,
Case no. JD-2004-19
MOTION TO COMPEL ATTORNEY COMPLIANCE
DEFENDANT'S MOTION TO COMPEL
Motion to Compel Attorney
Defendants, Cherrie and William Webb, parents of the minor children in the State of Oklahoma, respectfully requests that, under the provisions of Okla.Stat.Ann. tit.10 §7001-1-1,et seq.), this Court to compel our attorney, William Bradley to act as legal counsel in the above-styled and numbered case on the following grounds:
1. Neither William or Cherrie Webb is an attorney.
2. Both William and Cherrie Webb lack legal expertise.
3. The Court, in full faith, appointed counsel to represent the Webbs.
4. There has been no evidence presented in this case by the petitioners
5. Counsel has been unwilling to file motions and actively participate in this case.
Procedural Background
William Bradley was appointed by the Canadian County District Court on March 25th 2004 to represent the Webbs in the above –styled adjudication proceedings.
The Webbs have attempted on numerous occasions to speak with Mr. Bradley concerning their case.
When directed by his clients to file documents or petitions, has refused.
1. Failed to investigate to produce evidence of innocence
There have been no discovery motions filed. There are inconsistencies in many places with the case presented by the prosecution, and included information about witnesses that could have damaged the prosecution's case. Our counsel didn't use this important information.
2. Failed to interview and produce exculpatory witnesses
Counsel has not interviewed witnesses whose accounts differed substantially from the alleged deprived child's story.
3.Our attorney failed to object to unnecessary delays and improper actions by child protective services.
This attorney has refused to respond to phone calls and other communications, has failed to preserve issues for possible appeal, despite instruction specifically requiring this of him. He has failed to make even an appearance of competence thus far, and his refusal or inability to competently defend our interests has seriously harmed our ability to prevail in the ongoing instant case.
Since we understand that court appointed counsel cannot necessarily be chosen, we would wish this court to instruct the attorney to abide by his own rules of professional conduct, and to make every ethical and legal effort to follow the educated instructions of his clients. Absent his willing performance as our defense counsel, we will seek legal action for redress. A failure to provide competent counsel to an eligible defendant/respondent constitutes failure to protect and insure due process and equal access. We prey this court to enforce our right to competent and able counsel.
This motion was prepared Pro Se, as our court appointed attorney, William Bradley, has refused to file such and failed to assist, as directed by his clients William and Cherrie Webb.
I (We) William Webb and Cherrie Webb declare the following under penalty of perjury:
__________________________ ______________________
WILLIAM WEBB, parent CHERRIE WEBB, parent
STATE OF } _OKLAHOMA_
COUNTY OF } _CANADIAN_
On _________________ before me,________________________________ ,personally appeared William Webb and Cherrie Webb , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names is in their authorized capacities, and that by their signatures on this instrument the persons, or the entity upon behalf of which the persons acted, executed this instrument. I WITNESS my hand and official seal
Signature _________________________________. (NOTARY)
Signer: ______ Known _______ Unknown (Seal)