Highlights 77th Texas Legislature - Senate

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JURISPRUDENCE
77 th Texas Legislature
Authorizes the commissioners court of any county, on written approval of a judge of a county court,
statutory county court, or district court trying criminal cases in the county, to appoint a governmental entity
or nonprofit corporation to serve as a public defender. The commissioners courts of two or more counties
may enter into a written agreement to jointly appoint and fund a regional public defender. In appointing a
public defender the commissioners court or courts shall specify:
• the duties of the public defender;
• the types of cases to which the public defender may be appointed and the courts in which the
public defender may appear; and
• whether the public defender is appointed to serve a term or at the pleasure of the commissioners
court or courts. If the public defender is appointed to serve a term, the term of appointment and
the procedures for removing the public defender must be specified.
Requires a commissioners court or courts, before appointing a public defender, to solicit proposals for the
public defender and sets out what such proposal must include. After considering each proposal, the
commissioners court or courts must select a proposal reasonably demonstrating that the proponent will
provide adequate quality representation for indigent defendants. The total cost of the proposal may not be
the sole consideration in selecting a proposal.
Provides that in order for a governmental entity or nonprofit corporation to be eligible to serve as a public
defender, it must be directed by a chief public defender with enumerated qualifications.
Provides that a public defender is entitled to personnel costs and expenses fixed by the commissioners
court or courts. A public defender may employ attorneys, licensed investigators, and other personnel
necessary to perform the duties of the public defender.
Bars an attorney employed by a public defender from engaging in the private practice of criminal law or
accepting anything of value not authorized by law for services rendered.
Permits a public defender to refuse an appointment under if:
• a conflict of interest exists;
• the public defender has insufficient resources to provide adequate representation for the
defendant;
• the public defender is incapable of providing representation for the defendant in accordance with
the rules of professional conduct; or has other good cause for refusing the appointment.
Revises the provisions regarding the services for which an appointed counsel, other than an attorney with a
public defendant, may be compensated by providing that counsel shall be paid a reasonable attorney’s fee
for preparation and representation of oral argument on appeal and preparing a motion for rehearing.
Counsel, other than a public defendant, in a noncapital case must be reimbursed for reasonable and
necessary expenses, including for investigation and expert testimony, and sets out how such expenses
shall be reimbursed.
Requires the courts trying criminal cases to adopt a schedule of fees with reasonable fixed rates or
minimum and maximum hourly rates. A copy shall be sent to the commissioners court or courts.
Senate Research Center 187