CHAPTER 71. TEXAS JUDICIAL COUNCIL
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE F. COURT ADMINISTRATION
CHAPTER 71. TEXAS JUDICIAL COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 71.001. DEFINITIONS. In this chapter:
(1) "Assigned counsel program" means a system under which
private attorneys, acting as independent contractors and
compensated with public funds, are individually appointed to
provide legal representation and services to a particular
indigent defendant accused of a crime or juvenile offense.
(2) "Chair" means the chair of the council.
(3) "Contract defender program" means a system under which
private attorneys, acting as independent contractors and
compensated with public funds, are engaged to provide legal
representation and services to a group of unspecified indigent
defendants who appear before a particular court or group of
courts.
(4) "Council" means the Texas Judicial Council.
(5) "Crime" means:
(A) a misdemeanor punishable by confinement; or
(B) a felony.
(6) "Defendant" means a person accused of a crime or a juvenile
offense.
(7) "Indigent defense support services" means criminal defense
services that:
(A) are provided by licensed investigators, experts, or other
similar specialists, including forensic experts and mental health
experts; and
(B) are reasonable and necessary for appointed counsel to
provide adequate representation to indigent defendants.
(8) "Juvenile offense" means conduct committed by a person while
younger than 17 years of age that constitutes:
(A) a misdemeanor punishable by confinement; or
(B) a felony.
(9) "Public defender" has the meaning assigned by Article
26.044(a), Code of Criminal Procedure.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1408, Sec. 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 906, Sec. 12, eff. Jan. 1, 2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
855, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 71.011. NUMBER AND CLASSES OF MEMBERS. The Texas Judicial
Council is an agency of the state composed of 16 ex officio and
six appointive members.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1408, Sec. 2, eff. Sept. 1,
1997.
Sec. 71.012. EX OFFICIO MEMBERS. The ex officio members are:
(1) the chief justice of the supreme court;
(2) the presiding judge of the court of criminal appeals;
(3) two members of the senate, appointed by the lieutenant
governor;
(4) the chair of the House Judicial Affairs Committee;
(5) one member of the house of representatives, appointed by the
speaker of the house;
(6) two justices of the courts of appeals designated by the
chief justice of the supreme court;
(7) two district judges designated by the chief justice of the
supreme court;
(8) two judges of county courts, statutory county, or statutory
probate courts designated by the chief justice of the supreme
court;
(9) two justices of the peace designated by the chief justice of
the supreme court; and
(10) two municipal court judges designated by the chief justice
of the supreme court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(13), eff. Aug.
28, 1989; Acts 1997, 75th Leg., ch. 1408, Sec. 3, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1328, Sec. 2, eff. June 21, 2003.
Sec. 71.013. TERMS OF EX OFFICIO MEMBERS; DELEGATION OF
FUNCTIONS. (a) The chief justice of the supreme court and the
presiding judge of the court of criminal appeals are members of
the council as long as they hold those offices.
(b) Except as provided by Subsection (a), all members of the
judiciary appointed to the council serve staggered terms of four
years with the term of one member from each judicial group
expiring on February 1 of each odd-numbered year.
(c) A legislative member whose membership in the legislature
ceases continues as a member of the council at the pleasure of
the appointing authority.
(d) A vacancy in a judicial membership must be filled for the
unexpired term in the same manner as the original appointment.
(e) A judicial or legislative member of the council serves until
his successor is chosen and has qualified.
(f) The chief justice of the supreme court and the presiding
judge of the court of criminal appeals may each designate a
member of his court to act in his stead under this chapter. The
designated person serves at the will of the official who chose
him for service.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(14), eff. Aug.
28, 1989; Acts 1997, 75th Leg., ch. 1408, Sec. 4, eff. Sept. 1,
1997.
Sec. 71.014. CITIZEN MEMBERS. (a) The governor shall appoint
the six citizen members on the council.
(b) A citizen member must be a resident citizen of the state.
Three of the six citizen members must be members of the State Bar
of Texas and two must be persons who are not licensed to practice
law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1408, Sec. 5, eff. Sept. 1,
1997.
Sec. 71.015. TERMS OF CITIZEN MEMBERS. (a) Citizen members
serve for staggered terms of six years with two members' terms
expiring on June 30 of each odd-numbered year.
(b) A vacancy in citizen membership is filled for the unexpired
term by appointment by the governor.
(c) A citizen member serves on the council until his successor
is appointed and has qualified.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1408, Sec. 6, eff. Sept. 1,
1997.
Sec. 71.016. MEETINGS. (a) The council shall meet at least
once in each calendar year and may meet at other times as ordered
by the council or under its authority.
(b) The council may meet at a place and time designated by it or
under its authority.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 71.017. QUORUM. Eleven members of the council constitute a
quorum.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1408, Sec. 7, eff. Sept. 1,
1997.
Sec. 71.018. OFFICERS; COMMITTEES. (a) The chief justice of
the supreme court shall serve as chair and the presiding judge of
the court of criminal appeals shall serve as vice chair of the
council. Other officers of the council shall be elected by the
council.
(b) The council may prescribe the duties of an officer of the
council.
(c) The council may appoint committees from its membership. It
may prescribe the duties of and delegate powers under this
chapter to a committee except as otherwise limited by this
chapter.
(d) The chair may appoint committees for two-year terms that he
considers necessary for the organization of the council.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1408, Sec. 8, eff. Sept. 1,
1997.
Sec. 71.019. RULES. The council may adopt rules expedient for
the administration of its functions.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 71.020. EXPENSES. (a) A member of the council may not
receive compensation for service on the council.
(b) A member is entitled to reimbursement for actual and
necessary expenses incurred in performing the duties of the
council and approved for payment as provided by this section.
(c) The council, its officers, and its committees are entitled
to reimbursement for the actual and necessary clerical expenses
incurred in performing functions under this chapter and approved
for payment as provided by this section.
(d) Before any expenses incurred by the council, its members or
officers, or its committees may be paid, the chair of the council
or the vice chair, if authorized by the chair in writing to do
so, must approve a verified and itemized account of the expenses.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1408, Sec. 9, eff. Sept. 1,
1997.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 71.031. CONTINUOUS STUDY. The council continuously shall
study the organization, rules, procedures and practice, work
accomplished, results, and uniformity of the discretionary powers
of the state courts and methods for their improvement.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 71.032. RECEIPT OF ADVICE ON REMEDIES. The council shall
receive and consider advice from judges, public officials,
members of the bar, and citizens concerning remedies for faults
in the administration of justice.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 71.033. METHODS FOR IMPROVEMENT. The council shall design
methods for simplifying judicial procedure, expediting the
transaction of judicial business, and correcting faults in or
improving the administration of justice.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 71.034. REPORTS; INVESTIGATIONS. (a) The council shall
file a complete detailed report with the governor and the supreme
court before December 2 of each year on council activities,
information from the council's study, and council
recommendations.
(b) The council may file a supplemental report on council
activities, findings, or recommendations at a time it considers
advisable.
(c) The council shall investigate and report on a matter
concerning the administration of justice that the supreme court
or the legislature refers to the council.
(d) The yearly or supplemental reports of the council are public
information and may be given to the press when filed.
(e) In addition to the information described by Subsection (a),
the council shall include in the report a summary of information
provided to the council during the preceding year under Article
2.211, Code of Criminal Procedure.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 85, Sec. 4.02, eff. Sept. 1,
2001.
Sec. 71.035. STATISTICS; ENFORCEMENT BY MANDAMUS. (a) The
council shall gather judicial statistics and other pertinent
information from the several state judges and other court
officials of this state. In addition, the council shall implement
a monthly tracking system to ensure accountability for counties
and courts which participate in the statewide integrated system
for child support and medical support enforcement established
under Section 231.0011, Family Code. As a duty of office, the
district clerks and county clerks serving the affected courts
shall report monthly such information as may be required by the
council, including, at a minimum, the time required to enforce
cases from date of delinquency, from date of filing, and from
date of service until date of disposition. Such information as is
necessary to complete the report and not directly within the
control of the district or county clerk, such as date of
delinquency, shall be provided to the clerk by the child support
registry or by the enforcement agency providing Title IV-D
enforcement services in the court. The monthly report shall be
transmitted to the Office of Court Administration of the Texas
Judicial System no later than the 20th day of the month following
the month reported, in such form as may be prescribed by the
Office of Court Administration, which may include electronic data
transfer. Copies of such reports shall be maintained in the
office of the appropriate district or county clerk for a period
of at least two years and shall be available to the public for
inspection and reproduction.
(b) The council may require a state justice, judge, clerk, or
other court official, as an official duty, to comply with
reasonable requirements for supplying statistics pertaining to
the amount and character of the civil and criminal business
transacted by the court or other information on the conduct,
operation, or business of his court or the office of the clerk of
his court that is within the scope of the functions of the
council. If the official does not supply the information within a
reasonable time after the request, he is presumed to have
wilfully refused the request. The council shall prescribe
procedures, definitions of terms, and forms for supplying the
statistics and other information.
(c) The duty provided by this section to supply information may
be enforced by writ of mandamus in:
(1) the district court of the county of residence of the
respondent if the petition for mandamus is filed against a
district clerk or a clerk, judge, or other official of a trial
court other than a district court;
(2) the court of appeals for the court of appeals district in
which the respondent resides if the petition for mandamus is
filed against a district judge or a clerk of a court of appeals;
or
(3) the supreme court in any other case.
(d) Except as provided by this subsection, the attorney general
shall file and prosecute an action for mandamus on behalf of the
council if requested to do so in writing by the council. To be
valid, the written request must be signed by the chair or by at
least 11 members of the council. The attorney general may refuse
to file an action if he certifies in writing that the action is
without merit.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.63, eff. Sept.
1, 1987; Acts 1995, 74th Leg., ch. 341, Sec. 2.05, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 79, Sec. 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1408, Sec. 10, eff. Sept. 1, 1997.
Sec. 71.0351. INDIGENT DEFENSE INFORMATION. (a) In each
county, not later than November 1 of each odd-numbered year and
in the form and manner prescribed by the Task Force on Indigent
Defense, the following information shall be prepared and provided
to the Office of Court Administration of the Texas Judicial
System:
(1) a copy of all formal and informal rules and forms that
describe the procedures used in the county to provide indigent
defendants with counsel in accordance with the Code of Criminal
Procedure, including the schedule of fees required under Article
26.05 of that code;
(2) any revisions to rules or forms previously submitted to the
office of court administration under this section; or
(3) verification that rules and forms previously submitted to
the office of court administration under this section still
remain in effect.
(b) Except as provided by Subsection (c):
(1) the local administrative district judge in each county, or
the person designated by the judge, shall perform the action
required by Subsection (a) with respect to all rules and forms
adopted by the judges of the district courts trying felony cases
in the county; and
(2) the local administrative statutory county court judge in
each county, or the person designated by the judge, shall perform
the action required by Subsection (a) with respect to all rules
and forms adopted by the judges of the county courts and
statutory county courts trying misdemeanor cases in the county.
(c) If the judges of two or more levels of courts described by
Subsection (b) adopt the same formal and informal rules and
forms, the local administrative judge serving the courts having
jurisdiction over offenses with the highest classification of
punishment, or the person designated by the judge, shall perform
the action required by Subsection (a).
(d) The chair of the juvenile board in each county, or the
person designated by the chair, shall perform the action required
by Subsection (a) with respect to all rules and forms adopted by
the juvenile board.
(e) In each county, the county auditor, or the person designated
by the commissioners court if the county does not have a county
auditor, shall prepare and send to the Office of Court
Administration of the Texas Judicial System in the form and
manner prescribed by the Task Force on Indigent Defense and on a
monthly, quarterly, or annual basis, with respect to legal
services provided in the county to indigent defendants during
each fiscal year, information showing the total amount expended
by the county to provide indigent defense services and an
analysis of the amount expended by the county:
(1) in each district, county, statutory county, and appellate
court;
(2) in cases for which a private attorney is appointed for an
indigent defendant;
(3) in cases for which a public defender is appointed for an
indigent defendant;
(4) in cases for which counsel is appointed for an indigent
juvenile under Section 51.10(f), Family Code; and
(5) for investigation expenses, expert witness expenses, or
other litigation expenses.
(f) As a duty of office, each district and county clerk shall
cooperate with the county auditor or the person designated by the
commissioners court and the commissioners court in retrieving
information required to be sent to the Office of Court
Administration of the Texas Judicial System under this section
and under a reporting plan developed by the Task Force on
Indigent Defense under Section 71.061(a).
Added by Acts 2001, 77th Leg., ch. 906, Sec. 13, eff. Jan. 1,
2002.
Amended by:
Acts 2005, 79th Leg., Ch.
965, Sec. 1, eff. September 1, 2005.
Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND JUVENILE
COURTS. As a component of the official monthly report submitted
to the Office of Court Administration of the Texas Judicial
System:
(1) justice and municipal courts shall report the number of
cases filed for the following offenses:
(A) failure to attend school under Section 25.094, Education
Code;
(B) parent contributing to nonattendance under Section 25.093,
Education Code; and
(C) violation of a local daytime curfew ordinance adopted under
Section 341.905 or 351.903, Local Government Code; and
(2) in cases in which a child fails to obey an order of a
justice or municipal court under circumstances that would
constitute contempt of court, the justice or municipal court
shall report the number of incidents in which the child is:
(A) referred to the appropriate juvenile court for delinquent
conduct as provided by Article 45.050(c)(1), Code of Criminal
Procedure, and Section 51.03(a)(2), Family Code; or
(B) held in contempt, fined, or denied driving privileges as
provided by Article 45.050(c)(2), Code of Criminal Procedure.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 43, eff. Sept. 1,
2003.
Sec. 71.036. PUBLIC HEARINGS. (a) The council may appoint a
committee of at least three members to hold a public hearing.
(b) The committee may:
(1) order the production of books or other documents;
(2) require a report from a state court, including a court that
is not a court of record;
(3) administer oaths; or
(4) take testimony.
(c) An officer of the council, either prior to or while sitting
at a hearing, or a member of the council sitting at a hearing may
issue a subpoena or similar order to a prospective witness under
his official signature.
(d) The subpoena or similar order may be served by registered or
certified mail or by an adult person.
(e) If a witness fails to comply with a subpoena or similar
order issued as provided by this section, the council or its
committee holding the hearing may request in writing that a
district judge of the county of residence of the witness enforce
its subpoena or similar order. When requested to enforce a
subpoena or order as provided by this section, the district judge
shall order compliance with the council's order by the same means
that the judge may compel the appearance and testimony of
witnesses in a trial in his own court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE
Sec. 71.051. ESTABLISHMENT OF TASK FORCE; COMPOSITION. The Task
Force on Indigent Defense is established as a standing committee
of the council and is composed of eight ex officio members and
five appointive members.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members are:
(1) the following six members of the council:
(A) the chief justice of the supreme court;
(B) the presiding judge of the court of criminal appeals;
(C) one of the members of the senate serving on the council who
is designated by the lieutenant governor to serve on the Task
Force on Indigent Defense;
(D) the member of the house of representatives appointed by the
speaker of the house;
(E) one of the courts of appeals justices serving on the council
who is designated by the governor to serve on the Task Force on
Indigent Defense; and
(F) one of the county court or statutory county court judges
serving on the council who is designated by the governor to serve
on the Task Force on Indigent Defense or, if a county court or
statutory county court judge is not serving on the council, one
of the statutory probate court judges serving on the council who
is designated by the governor to serve on the task force;
(2) one other member of the senate appointed by the lieutenant
governor; and
(3) the chair of the House Criminal Jurisprudence Committee.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002. Amended by Acts 2003, 78th Leg., ch. 1328, Sec. 3, eff.
June 21, 2003.
Sec. 71.053. APPOINTMENTS. (a) The governor shall appoint with
the advice and consent of the senate five members of the Task
Force on Indigent Defense as follows:
(1) one member who is a district judge serving as a presiding
judge of an administrative judicial region;
(2) one member who is a judge of a constitutional county court
or who is a county commissioner;
(3) one member who is a practicing criminal defense attorney;
(4) one member who is a public defender or who is employed by a
public defender; and
(5) one member who is a judge of a constitutional county court
or who is a county commissioner of a county with a population of
250,000 or more.
(b) The members serve staggered terms of two years, with two
members' terms expiring February 1 of each odd-numbered year and
three members' terms expiring February 1 of each even-numbered
year.
(c) In making appointments to the Task Force on Indigent
Defense, the governor shall attempt to reflect the geographic and
demographic diversity of the state.
(d) A person may not be appointed to the Task Force on Indigent
Defense if the person is required to register as a lobbyist under
Chapter 305 because of the person's activities for compensation
on behalf of a profession related to the operation of the task
force or the council.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Amended by:
Acts 2005, 79th Leg., Ch.
965, Sec. 2, eff. September 1, 2005.
Sec. 71.054. VACANCIES. A vacancy on the Task Force on Indigent
Defense must be filled for the unexpired term in the same manner
as the original appointment. An appointment to fill a vacancy
shall be made not later than the 90th day after the date the
vacancy occurs.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Sec. 71.055. MEETINGS; QUORUM; VOTING. (a) The Task Force on
Indigent Defense shall meet at least four times each year and at
such other times as it deems necessary or convenient to perform
its duties.
(b) Six members of the Task Force on Indigent Defense constitute
a quorum for purposes of transacting task force business. The
task force may act only on the concurrence of five task force
members or a majority of the task force members present,
whichever number is greater. The task force may develop policies
and standards under Section 71.060 only on the concurrence of
seven task force members.
(c) A Task Force on Indigent Defense member is entitled to vote
on any matter before the task force, except as otherwise provided
by rules adopted by the task force and ratified by the council.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
855, Sec. 2, eff. September 1, 2007.
Sec. 71.056. COMPENSATION. A Task Force on Indigent Defense
member may not receive compensation for services on the task
force but is entitled to be reimbursed for actual and necessary
expenses incurred in discharging the member's duties as a task
force member. The expenses are paid from funds appropriated to
the task force.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Sec. 71.057. BUDGET. (a) The Task Force on Indigent Defense
budget shall be a part of the budget for the council. In
preparing a budget and presenting the budget to the legislature,
the task force shall consult with the executive director of the
Office of Court Administration of the Texas Judicial System.
(b) The Task Force on Indigent Defense budget may include funds
for personnel who are employees of the council but who are
assigned to assist the task force in performing its duties.
(c) The executive director of the Office of Court Administration
of the Texas Judicial System may not reduce or modify the Task
Force on Indigent Defense budget or use funds appropriated to the
task force without the approval of the task force.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Sec. 71.058. FAIR DEFENSE ACCOUNT. The fair defense account is
an account in the general revenue fund that may be appropriated
only to:
(1) the Task Force on Indigent Defense for the purpose of
implementing this subchapter; and
(2) the office of capital writs for the purpose of implementing
Subchapter B, Chapter 78.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 10, eff. September 1, 2009.
Sec. 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS; STATE
GRANTS TEAM. (a) The Task Force on Indigent Defense may accept
gifts, grants, and other funds from any public or private source
to pay expenses incurred in performing its duties under this
subchapter.
(b) The State Grants Team of the Governor's Office of Budget,
Planning, and Policy may assist the Task Force on Indigent
Defense in identifying grants and other resources available for
use by the task force in performing its duties under this
subchapter.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Amended by:
Acts 2005, 79th Leg., Ch.
965, Sec. 3, eff. September 1, 2005.
Sec. 71.060. POLICIES AND STANDARDS. (a) The Task Force on
Indigent Defense shall develop policies and standards for
providing legal representation and other defense services to
indigent defendants at trial, on appeal, and in postconviction
proceedings. The policies and standards may include:
(1) performance standards for counsel appointed to represent
indigent defendants;
(2) qualification standards under which attorneys may qualify
for appointment to represent indigent defendants, including:
(A) qualifications commensurate with the seriousness of the
nature of the proceeding;
(B) qualifications appropriate for representation of mentally
ill defendants and noncitizen defendants;
(C) successful completion of relevant continuing legal education
programs approved by the council; and
(D) testing and certification standards;
(3) standards for ensuring appropriate appointed caseloads for
counsel appointed to represent indigent defendants;
(4) standards for determining whether a person accused of a
crime or juvenile offense is indigent;
(5) policies and standards governing the organization and
operation of an assigned counsel program;
(6) policies and standards governing the organization and
operation of a public defender consistent with recognized
national policies and standards;
(7) standards for providing indigent defense services under a
contract defender program consistent with recognized national
policies and standards;
(8) standards governing the reasonable compensation of counsel
appointed to represent indigent defendants;
(9) standards governing the availability and reasonable
compensation of providers of indigent defense support services
for counsel appointed to represent indigent defendants;
(10) standards governing the operation of a legal clinic or
program that provides legal services to indigent defendants and
is sponsored by a law school approved by the supreme court;
(11) policies and standards governing the appointment of
attorneys to represent children in proceedings under Title 3,
Family Code; and
(12) other policies and standards for providing indigent defense
services as determined by the task force to be appropriate.
(b) The Task Force on Indigent Defense shall submit policies and
standards developed under Subsection (a) to the council for
ratification.
(c) Any qualification standards adopted by the Task Force on
Indigent Defense under Subsection (a) that relate to the
appointment of counsel in a death penalty case must be consistent
with the standards specified under Article 26.052(d), Code of
Criminal Procedure. An attorney who is identified by the task
force as not satisfying performance or qualification standards
adopted by the task force under Subsection (a) may not accept an
appointment in a capital case.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
855, Sec. 3, eff. September 1, 2007.
Sec. 71.061. COUNTY REPORTING PLAN; TASK FORCE REPORTS. (a)
The Task Force on Indigent Defense shall develop a plan that
establishes statewide requirements for counties relating to
reporting indigent defense information. The plan must include
provisions designed to reduce redundant reporting by counties and
provisions that take into consideration the costs to counties of
implementing the plan statewide. The task force shall use the
information reported by a county to monitor the effectiveness of
the county's indigent defense policies, standards, and procedures
and to ensure compliance by the county with the requirements of
state law relating to indigent defense. The task force may revise
the plan as necessary to improve monitoring of indigent defense
policies, standards, and procedures in this state.
(b) The Task Force on Indigent Defense shall annually submit to
the governor, lieutenant governor, speaker of the house of
representatives, and council and shall publish in written and
electronic form a report:
(1) containing the information submitted under Section 71.0351;
and
(2) regarding:
(A) the quality of legal representation provided by counsel
appointed to represent indigent defendants;
(B) current indigent defense practices in the state as compared
to state and national standards;
(C) efforts made by the task force to improve indigent defense
practices in the state; and
(D) recommendations made by the task force for improving
indigent defense practices in the state.
(c) The Task Force on Indigent Defense shall annually submit to
the Legislative Budget Board and council and shall publish in
written and electronic form a detailed report of all expenditures
made under this subchapter, including distributions under Section
71.062.
(d) The Task Force on Indigent Defense may issue other reports
relating to indigent defense as determined to be appropriate by
the task force.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Amended by:
Acts 2005, 79th Leg., Ch.
965, Sec. 4, eff. September 1, 2005.
Sec. 71.062. TECHNICAL SUPPORT; GRANTS. (a) The Task Force on
Indigent Defense shall:
(1) provide technical support to:
(A) assist counties in improving their indigent defense systems;
and
(B) promote compliance by counties with the requirements of
state law relating to indigent defense;
(2) direct the comptroller to distribute funds, including
grants, to counties to provide indigent defense services in the
county; and
(3) monitor each county that receives a grant and enforce
compliance by the county with the conditions of the grant,
including enforcement by directing the comptroller to:
(A) withdraw grant funds; or
(B) require reimbursement of grant funds by the county.
(b) The Task Force on Indigent Defense shall direct the
comptroller to distribute funds as required by Subsection (a)(2)
based on a county's compliance with standards developed by the
task force and the county's demonstrated commitment to compliance
with the requirements of state law relating to indigent defense.
(c) The Task Force on Indigent Defense shall develop policies to
ensure that funds under Subsection (a)(2) are allocated and
distributed to counties in a fair manner.
(d) A county may not reduce the amount of funds provided for
indigent defense services in the county because of funds provided
by the Task Force on Indigent Defense under this section.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.
Sec. 71.063. IMMUNITY FROM LIABILITY. The Task Force on
Indigent Defense or a member of the task force performing duties
on behalf of the task force is not liable for damages arising
from an act or omission within the scope of the duties of the
task force.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 14, eff. Jan. 1,
2002.