Jack Brooks: “in the final analysis, this amendment does not change the status quo. Leaving the status quo in place would allow a…”

“in the final analysis, this amendment does not change the status quo. Leaving the status quo in place would allow a steady stream of postconviction habeas appeals to any number of courts. It also leaves intact perhaps the greatest problem area in habeas litigation: The failure of the present system to require competent counsel at the very beginning of the proceedings. Without competent counsel appointed at the front end, we should not be surprised that habeas appeals are allowed at the back-end of the process. In contrast the substitute that will be offered shortly by the gentleman from South Carolina [Mr. Derrick] will procedurally streamline the habeas process to one appeal in 12 months and set out impeccable counsel standards to ensure adequate representation from the start. I would therefore urge my colleagues to reject the gentleman's strike amendment and cast an aye vote for the Derrick substitute which follows.”