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A BILL TO BE ENTITLED
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AN ACT
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relating to caseloads for attorneys who are appointed to represent |
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indigent defendants in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 26.04(b), (d), (e), and (j), Code of |
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Criminal Procedure, are amended to read as follows: |
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(b) Procedures adopted under Subsection (a) shall: |
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(1) authorize only the judges of the county courts, |
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statutory county courts, and district courts trying criminal cases |
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in the county, or the judges' designee, to appoint counsel for |
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indigent defendants in the county; |
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(2) apply to each appointment of counsel made by a |
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judge or the judges' designee in the county; |
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(3) ensure that each indigent defendant in the county |
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who is charged with a misdemeanor punishable by confinement or with |
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a felony and who appears in court without counsel has an opportunity |
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to confer with appointed counsel before the commencement of |
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judicial proceedings; |
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(4) require appointments for defendants in capital |
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cases in which the death penalty is sought to comply with any |
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applicable requirements under Articles 11.071 and 26.052; |
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(5) ensure that each attorney appointed from a public |
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appointment list to represent an indigent defendant perform the |
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attorney's duty owed to the defendant in accordance with the |
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adopted procedures, the requirements of this code, and applicable |
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rules of ethics; [and] |
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(6) ensure that appointments are allocated among |
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qualified attorneys in a manner that is fair, neutral, and |
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nondiscriminatory; and |
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(7) ensure that an appointment will not result in the |
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applicable attorney having a caseload that is larger than the |
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maximum allowable caseload established under Subsection (e). |
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(d) A public appointment list from which an attorney is |
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appointed as required by Subsection (a) shall contain the names of |
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qualified attorneys, each of whom: |
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(1) applies to be included on the list; |
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(2) meets the objective qualifications specified by |
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the judges under Subsection (e); |
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(3) meets any applicable qualifications specified by |
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the Texas Indigent Defense Commission; [and] |
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(4) is approved by a majority of the judges who |
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established the appointment list under Subsection (e); and |
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(5) annually provides information necessary to |
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establish that the attorney is able to accept an appointment under |
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the program without exceeding the attorney's maximum allowable |
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caseload specified by the judges under Subsection (e). |
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(e) In a county in which a court is required under |
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Subsection (a) to appoint an attorney from a public appointment |
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list: |
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(1) the judges of the county courts and statutory |
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county courts trying misdemeanor cases in the county, by formal |
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action: |
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(A) shall: |
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(i) establish a public appointment list of |
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attorneys qualified to provide representation in the county in |
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misdemeanor cases punishable by confinement; [and] |
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(ii) specify the objective qualifications |
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necessary for an attorney to be included on the list; and |
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(iii) establish a maximum allowable |
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caseload for a qualified attorney that, when the attorney's total |
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caseload including appointments made under this article and other |
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work is considered, ensures that the defendant will be diligently |
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represented; and |
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(B) may establish, if determined by the judges to |
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be appropriate, more than one appointment list graduated according |
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to the degree of seriousness of the offense, the attorneys' |
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qualifications, and whether representation will be provided in |
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trial court proceedings, appellate proceedings, or both; and |
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(2) the judges of the district courts trying felony |
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cases in the county, by formal action: |
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(A) shall: |
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(i) establish a public appointment list of |
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attorneys qualified to provide representation in felony cases in |
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the county; [and] |
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(ii) specify the objective qualifications |
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necessary for an attorney to be included on the list; and |
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(iii) establish a maximum allowable |
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caseload for a qualified attorney that, when the attorney's total |
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caseload including appointments made under this article and other |
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work is considered, ensures that the defendant will be diligently |
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represented; and |
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(B) may establish, if determined by the judges to |
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be appropriate, more than one appointment list graduated according |
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to the degree of seriousness of the offense, the attorneys' |
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qualifications, and whether representation will be provided in |
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trial court proceedings, appellate proceedings, or both. |
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(j) An attorney appointed under this article shall: |
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(1) make every reasonable effort to contact the |
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defendant not later than the end of the first working day after the |
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date on which the attorney is appointed and to interview the |
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defendant as soon as practicable after the attorney is appointed; |
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(2) represent the defendant until charges are |
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dismissed, the defendant is acquitted, appeals are exhausted, or |
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the attorney is permitted or ordered by the court to withdraw as |
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counsel for the defendant after a finding of good cause is entered |
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on the record; [and] |
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(3) with respect to a defendant not represented by |
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other counsel, before withdrawing as counsel for the defendant |
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after a trial or the entry of a plea of guilty: |
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(A) advise the defendant of the defendant's right |
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to file a motion for new trial and a notice of appeal; |
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(B) if the defendant wishes to pursue either or |
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both remedies described by Paragraph (A), assist the defendant in |
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requesting the prompt appointment of replacement counsel; and |
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(C) if replacement counsel is not appointed |
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promptly and the defendant wishes to pursue an appeal, file a timely |
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notice of appeal; and |
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(4) not later than October 1 of each year and in the |
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form and manner prescribed by the Texas Indigent Defense |
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Commission, submit to the county information that describes the |
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attorney's caseload for the most recent state fiscal year, |
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including cases taken on a retainer. |
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SECTION 2. Section 79.036(a), Government Code, is amended |
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to read as follows: |
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(a) Not [In each county, not] later than November 1 of each |
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[odd-numbered] year and in the form and manner prescribed by the |
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commission, each county [the following information] shall prepare |
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[be prepared] and provide [provided] to the commission: |
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(1) statistics and other information that describe for |
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the preceding state fiscal year the caseloads of attorneys |
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receiving appointments under Article 26.04, Code of Criminal |
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Procedure; and |
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(2) the following information: |
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(A) a copy of all formal and informal rules and |
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forms that describe the procedures used in the county to provide |
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indigent defendants with counsel in accordance with the Code of |
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Criminal Procedure, including the schedule of fees required under |
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Article 26.05 of that code; |
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(B) [(2)] any revisions to rules or forms |
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previously submitted under this section; or |
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(C) [(3)] verification that rules and forms |
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previously submitted under this section still remain in effect. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect when the |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect January 1, 2014. |