CHAPTER 78. CAPITAL WRITS COMMITTEE AND OFFICE OF CAPITAL WRITS

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Statutes > Texas > Government-code > Title-2-judicial-branch > 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.

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.

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.

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;

(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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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