CHAPTER 78. CAPITAL WRITS COMMITTEE AND OFFICE OF CAPITAL WRITS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE F. COURT ADMINISTRATION
CHAPTER 78. CAPITAL WRITS COMMITTEE AND OFFICE OF CAPITAL WRITS
SUBCHAPTER A. CAPITAL WRITS COMMITTEE
Sec. 78.001. DEFINITIONS. In this subchapter:
(1) "Committee" means the capital writs committee established
under this subchapter.
(2) "Office of capital writs" means the office of capital writs
established under Subchapter B.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.002. ESTABLISHMENT OF COMMITTEE; DUTIES. (a) The
capital writs committee is established.
(b) The committee shall recommend to the court of criminal
appeals as provided by Section 78.004 a director for the office
of capital writs when a vacancy exists for the position of
director.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.003. APPOINTMENT AND COMPOSITION OF COMMITTEE. (a) The
committee is composed of the following five members who are
appointed by the president of the State Bar of Texas, with
ratification by the executive committee of the State Bar of
Texas:
(1) three attorneys who are members of the State Bar of Texas
and who are not employed as prosecutors or law enforcement
officials, all of whom must have criminal defense experience with
death penalty proceedings in this state; and
(2) two state district judges, one of whom serves as presiding
judge of an administrative judicial region.
(b) The committee shall elect one member of the committee to
serve as the presiding officer of the committee.
(c) The committee members serve at the pleasure of the president
of the State Bar of Texas, and the committee meets at the call of
the presiding officer of the committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.004. RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF
OFFICE OF CAPITAL WRITS. (a) The committee shall submit to the
court of criminal appeals, in order of the committee's
preference, a list of the names of not more than five persons the
committee recommends that the court consider in appointing the
director of the office of capital writs when a vacancy exists for
the position of director. If the committee finds that three or
more persons under the committee's consideration are qualified to
serve as the director of the office of capital writs, the
committee must include at least three names in the list submitted
under this subsection.
(b) Each person recommended to the court of criminal appeals by
the committee under Subsection (a):
(1) must exhibit proficiency and commitment to providing quality
representation to defendants in death penalty cases, as described
by the Guidelines and Standards for Texas Capital Counsel, as
published by the State Bar of Texas; and
(2) may not have been found by a state or federal court to have
rendered ineffective assistance of counsel during the trial or
appeal of a death penalty case.
(c) When a vacancy for the position exists, the court of
criminal appeals shall appoint from the list of persons submitted
to the court under Subsection (a) the director of the office of
capital writs.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. OFFICE OF CAPITAL WRITS
Sec. 78.051. DEFINITIONS. In this subchapter:
(1) "Committee" means the capital writs committee established
under Subchapter A.
(2) "Office" means the office of capital writs established under
this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.052. ESTABLISHMENT; FUNDING. (a) The office of capital
writs is established and operates under the direction and
supervision of the director of the office.
(b) The office shall receive funds for personnel costs and
expenses:
(1) as specified in the General Appropriations Act; and
(2) from the fair defense account under Section 71.058, in an
amount sufficient to cover personnel costs and expenses not
covered by appropriations described by Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.053. DIRECTOR; STAFF. (a) The court of criminal
appeals shall appoint a director to direct and supervise the
operation of the office. The director serves a four-year term
and continues to serve until a successor has been appointed and
qualified. The court of criminal appeals may remove the director
only for good cause. The director may be reappointed for a
second or subsequent term.
(b) The director shall employ attorneys and employ or retain
licensed investigators and other personnel necessary to perform
the duties of the office. To be employed by the director, an
attorney may not have been found by a state or federal court to
have rendered ineffective assistance of counsel during the trial
or appeal of a death penalty case.
(c) The director and any attorney employed by the office may
not:
(1) engage in the private practice of criminal law; or
(2) accept anything of value not authorized by law for services
rendered under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.054. POWERS AND DUTIES. (a) The office may not accept
an appointment under Article 11.071, Code of Criminal Procedure,
if:
(1) a conflict of interest exists;
(2) the office has insufficient resources to provide adequate
representation for the defendant;
(3) the office is incapable of providing representation for the
defendant in accordance with the rules of professional conduct;
or
(4) other good cause is shown for not accepting the appointment.
(b) The office may not represent a defendant in a federal habeas
review. The office may not represent a defendant in an action or
proceeding in state court other than an action or proceeding
that:
(1) is conducted under Article 11.071, Code of Criminal
Procedure;
(2) is collateral to the preparation of an application under
Article 11.071, Code of Criminal Procedure; or
(3) concerns any other post-conviction matter in a death penalty
case other than a direct appeal, including an action or
proceeding under Article 46.05 or Chapter 64, Code of Criminal
Procedure.
(c) Notwithstanding Article 26.04(p), Code of Criminal
Procedure, the office may independently investigate the financial
condition of any person the office is appointed to represent.
The office shall report the results of the investigation to the
appointing judge. The judge may hold a hearing to determine if
the person is indigent and entitled to representation under this
section.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.055. COMPENSATION OF OTHER APPOINTED ATTORNEYS. If it
is necessary that an attorney other than an attorney employed by
the office be appointed, that attorney shall be compensated as
provided by Articles 11.071 and 26.05, Code of Criminal
Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.
Sec. 78.056. APPOINTMENT LIST. (a) The presiding judges of the
administrative judicial regions shall maintain a statewide list
of competent counsel available for appointment under Section
2(f), Article 11.071, Code of Criminal Procedure, if the office
does not accept or is prohibited from accepting an appointment
under Section 78.054. Each attorney on the list:
(1) must exhibit proficiency and commitment to providing quality
representation to defendants in death penalty cases; and
(2) may not have been found by a state or federal court to have
rendered ineffective assistance of counsel during the trial or
appeal of a death penalty case.
(b) The Office of Court Administration of the Texas Judicial
System and the Task Force on Indigent Defense shall provide
administrative support necessary under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2009.