Now maybe it’s the fact that Dow is supposedly a two-time offender—over a 20-year career representing scores of clients, in the last-minute chaos of capital litigation—that led to an unprecedented and extreme sanction for a trivial administrative mistake. Or maybe it’s the
history of public feuding and recriminations between the very
outspoken Dow and the CCA that led to this bizarre punishment. But no matter the reason, it comes down to this: When one Texas lawyer repeatedly files late and his clients die, he is deemed competent and rewarded with yet more defense work. When another Texas lawyer files late, he’s ineligible to represent his clients for a full year. It could lead Kafka to swallow his own tongue.