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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of public defenders to refuse to accept |
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indigent defense appointments for good cause. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.044, Code of Criminal Procedure, is |
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amended by amending Subsection (j) and adding Subsections (j-1) and |
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(j-2) to read as follows: |
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(j) A public defender's office may not accept an appointment |
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under Article 26.04(f) if: |
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(1) a conflict of interest exists that has not been |
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waived by the client; |
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(2) the public defender's office has insufficient |
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resources to provide adequate representation for the defendant; |
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(3) the public defender's office is incapable of |
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providing representation for the defendant in accordance with the |
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rules of professional conduct; |
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(4) the acceptance of the appointment would violate |
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the maximum allowable caseloads established at the public |
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defender's office; or |
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(5) [(4)] the public defender's office shows other |
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good cause for not accepting the appointment. |
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(j-1) On refusing an appointment under Subsection (j), a |
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chief public defender shall file with the court a written statement |
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that identifies any reason for refusing the appointment. The court |
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shall determine whether the chief public defender has demonstrated |
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adequate good cause for refusing the appointment and shall include |
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the statement with the papers in the case. |
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(j-2) A chief public defender may not be terminated, |
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removed, or sanctioned for refusing in good faith to accept an |
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appointment under Subsection (j). |
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SECTION 2. This Act takes effect September 1, 2013. |