Texas Code of Criminal Procedure

§ 26.04 — PROCEDURES FOR APPOINTING COUNSEL

CR § 26.04Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 26. ARRAIGNMENT

Statute text

(a)The judges of the county courts, statutory county courts, and district courts trying criminal cases in each county, by local rule, shall adopt and publish written countywide procedures for timely and fairly appointing counsel for an indigent defendant in the county arrested for, charged with, or taking an appeal from a conviction of a misdemeanor punishable by confinement or a felony. The procedures must be consistent with this article and Articles 1.051, 15.17, 15.18, 26.05, and 26.052 and must provide for the priority appointment of a public defender's office as described by Subsection (f). A court shall appoint an attorney from a public appointment list using a system of rotation, unless the court appoints an attorney under Subsection (f), (f-1), (h), or (i). The court shall appoint attorneys from among the next five names on the appointment list in the order in which the attorneys' names appear on the list, unless the court makes a finding of good cause on the record for appointing an attorney out of order. An attorney who is not appointed in the order in which the attorney's name appears on the list shall remain next in order on the list.

(b)Procedures adopted under Subsection (a) shall:

(1)authorize only the judges of the county courts, statutory county courts, and district courts trying criminal cases in the county, or the judges' designee, to appoint counsel for indigent defendants in the county;

(2)apply to each appointment of counsel made by a judge or the judges' designee in the county;

(3)ensure that each indigent defendant in the county who is charged with a misdemeanor punishable by confinement or with a felony and who appears in court without counsel has an opportunity to confer with appointed counsel before the commencement of judicial proceedings;

(4)require appointments for defendants in capital cases in which the death penalty is sought to comply with any applicable requirements under Articles 11.071 and 26.052;

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Legislative history

Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091), Sec. 6, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 671 (S.B. 1681), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 7, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 912 (H.B. 1318), Sec. 1(a), eff. September 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 595 (S.B. 316), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 858 (S.B. 1517), Sec. 4, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 591 (S.B. 583), Sec. 1, eff. September 1, 2019.