BWH H.B. 1238 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.B. 1238
By: Junell
3-12-97
Committee Report (Unamended)



BACKGROUND 

A public defender's office establishes a public attorney for the purpose
of providing criminal defense services to those defendants who cannot
afford to hire their own counsel.  Such offices are created as needed by
counties and districts across the state. 

PURPOSE

H.B. 1238 gives the Commissioners Court of Tom Green County the authority
to appoint an attorney to serve as public defender. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the Code of Criminal Procedure, Chapter 26, by adding a
new Article 26.049 as follows: 
(a)  allows the Commissioners Court of Tom Green County to appoint an
attorney to serve as a public defender;  

(b) eligibility includes: membership in the State Bar of Texas; four years
legal experience; and experience in criminal law;  

(c) upon approval of the commissioners court, the public defender may
employ assistant public defenders, investigators and administrative
personnel.  Any assistant public defenders must be a licensed attorney and
may perform the duties of a public defender under this article;  

(d) makes Local Government Code, Chapter 152, subchapter B applicable to
this public defender's office; 

(e) prohibits the public defenders from engaging in private practice or
accepting anything of value not authorized by this article for services
rendered; 

(f) allows the commissioners court to remove a public defender who
violates subsection (e); 

(g) requires that the public defenders will represent indigent persons,
including minors involved in juvenile delinquency proceedings, charged
with a criminal offense in Tom Green County and allows the commissioners
court to specify other types of cases; 

(h) gives the public defenders authority to investigate the financial
condition of any person the defender is appointed to represent and report
the results to the appointing judge.  Also allows the judge to hold a
hearing to determine whether  the person is indigent and entitled to
representation under this article; 

(i) the public defenders may be replaced at any time if a judge determines
that a conflict of interest exists between the indigent person and the
defender; 

(j)  makes Article 26.05 applicable to the public defenders;

(k) allows the commissioners court to accept gift sand grants to finance
the public defender program. 

SECTION 2.  Emergency clause.