ASU law professor Bob Bartels returned to Washington, D.C. Oct. 4 to argue his fifth case in front of the U.S. Supreme Court.
Bartels, the Charles M. Brewer professor of trial advocacy at the Sandra Day O’Connor College of Law, represents Luis Mariano Martinez, the petitioner in Martinez v. Ryan.
The question presented in the case is whether or not defendants have a right to appointed counsel during post-conviction proceedings if they deem their original lawyers were inadequate, according to Supreme Court documents.
Martinez was accused in 1999 of two counts of sexual conduct with a minor and although the child recanted her testimony both before and during the trial, he was sentenced to two consecutive terms of 35 years to life after his conviction in 2002.
According to Bartels’ brief to the court, Martinez’s first attorney failed to present certain evidence that showed the child had recanted her statements. His second appointed attorney failed to submit an adequate appeal to the court.
Bartels is part of the Arizona Justice Project, an ASU-based group that petitions on behalf of inmates who believe they’ve been wrongfully convicted. The organization filed an appeal on behalf of Martinez in 2004.
Bartels said he was not available for comment while the case is still ongoing, but many of his colleagues at the law school expressed pride in their fellow professor.
Gary Lowenthal, professor emeritus at the College of Law, said he is proud of Bartels’ public service.
“Bob’s oral argument and the marvelous legal briefs he presented to the Court demonstrate his dedication to his client, to the Justice Project, and to the community at large,” Lowenthal said.
Law school professor Carissa Hessick said Bartels’ preparation for the case included practice arguments in front of faculty and students at the College of Law.
“I’ll say that he is one of those people who knows his case backwards and forwards and inside-out,” Hessick said. “His level of preparation and just his level of knowledge and experience are the sorts of things that make him a really good advocate for the U.S. Supreme Court.”
Bartels argued before the high court in four other cases between 1975 and 1984. He’s also been involved in about 50 cases in federal appeals courts, state appeals courts and state supreme courts.
Hessick said Bartels, whose past cases are included in the textbooks she uses in some of her classes, is a living example for students at the College of Law.
Hessick said Bartels is very humble about this case and has gone into it like he approaches every other trial.
“Even though I know he took this case very seriously, he is one of the hardest working people I know and I think that he works just as hard with all of his clients who aren’t getting the attention they deserve,” Hessick said. “In some ways, it couldn’t have happened to a better person.”
Reach the reporter at brennan.j.smith@asu.edu
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