Highlights 77th Texas Legislature - Senate

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JURISPRUDENCE
77 th Texas Legislature
Provides that no payment shall be made until an itemized form is submitted to and approved by the judge
presiding over the proceedings. Sets out the procedure to be followed by a judge if disapproving a
payment and the procedure for appealing such disapproval.
Sets out the eligibility criteria for attorney appointment to a death penalty case. Previously adopted
standards must be amended to conform with these requirements not later than April 1, 2002. Requires an
attorney, in order to remain on the list of attorneys qualified for appointment in death penalty cases, not
later than the second anniversary of the date an attorney is placed on the list and each year thereafter, to
present proof that the attorney has successfully completed the minimum continuing legal education
requirements of the State Bar of Texas, including training relating to the defense of death penalty cases.
Requires the presiding judge of the district court in which a capital felony case is filed to appoint two
attorneys, at least one of whom meets the qualifications to be eligible to be appointed to a death penalty
case, to represent an indigent defendant as soon as practicable after charges are filed, unless the state
gives notice in writing that the state will not seek the death penalty.
Provides that 13.98 percent of certain costs paid by a person convicted of an offense shall be placed in a
fair defense account in the general revenue fund.
Requires the juvenile board in each county to adopt an appointment of counsel plan that includes the
qualifications necessary for an attorney to be included on an appointment list from which attorneys are
appointed to represent children in juvenile proceedings and sets out specific requirements for such plans.
Requires all formal and informal rules and procedures regarding providing indigent defendants with counsel
in a county be sent not later than January 1 of each year to the Office of Court Administration (OCA). The
first report must be sent on or before January 1, 2002. On a basis as required by the OCA, each county
shall send to the OCA information showing and analyzing the amounts expended on indigent defense. This
information must first be sent on or before September 1, 2002.
Task Force on Indigent Defense
Requires TFID to develop polices and standards for providing legal services to indigent defendants on trial.
This may include standards regarding qualification and performance standards for counsel, ensuring
appropriate caseloads, reasonable compensation, and governing the organization and operation of a public
defender.
Requires TFID to develop statewide requirements for counties reporting indigent defense information and
monitor the effectiveness of a county’s indigent defense plan.
Requires TFID to annually submit a report to the governor, lieutenant governor, and speaker of the house,
and TFID’s standing council containing information forwarded to TFID from OCA regarding current indigent
defense practices and efforts made to improve these practices.
Requires TFID to provide technical support to assist counties in complying with state law regarding indigent
defense services and authorizes TFID to direct the comptroller to distribute funds to the counties.
Bars counties from reducing the amount of funds provided for indigent defense services in the county
because of funds provided though TFID.
Senate Research Center 188