CHAPTER 71. TEXAS JUDICIAL COUNCIL

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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.

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.

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.

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.

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.

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.

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;

(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.

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

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.

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;

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.

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.

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.

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;

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.

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;

practices in the state; and

(D) recommendations made by the task force for improving

indigent defense practices in the state.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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