The commission must develop policies and standards for indigent defense and family protection services, the board must adopt the proposals, and an identified attorney may not take a capital-case appointment.
Sec. 79.034. POLICIES AND STANDARDS. (a) The commission shall develop policies and standards for providing: (1) legal representation and other defense services to indigent defendants at trial, on appeal, and in postconviction proceedings; and (2) family protection services to indigent parents and children. (a-1) The policies and standards may include: (1) performance standards for counsel appointed to represent indigent individuals; (2) qualification standards under which attorneys may qualify for appointment to represent: (A) indigent defendants, including: (i) qualifications commensurate with the seriousness of the nature of the proceeding; (ii) qualifications appropriate for representation of mentally ill defendants and noncitizen defendants; (iii) successful completion of relevant continuing legal education programs approved by the council; and (iv) testing and certification standards; or (B) indigent parents and children in suits filed by the department, including: (i) qualifications appropriate for representing an indigent parent; (ii) qualifications appropriate for representing a child; (iii) successful completion of relevant continuing legal education programs required by law or the State Bar of Texas and approved by the council; and (iv) testing and certification standards; (3) standards for ensuring appropriate appointed caseloads for counsel appointed to represent indigent individuals; (4) standards for determining whether a person accused of a crime or juvenile offense or named in a suit filed by the department 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's office consistent with recognized national policies and standards; (7) policies and standards governing the organization and operation of an office of child representation or office of parent representation consistent with recognized national policies and standards; (8) standards for providing indigent defense services or family protection services under a contract defender program consistent with recognized national policies and standards; (9) standards governing the reasonable compensation of counsel appointed to represent indigent individuals; (10) standards governing the availability and reasonable compensation of providers of indigent defense support services or family protection services for counsel appointed to represent indigent individuals; (11) standards governing the operation of a legal clinic or program that provides legal services to indigent individuals and is sponsored by a law school approved by the supreme court; (12) policies and standards governing the appointment of attorneys to represent children in proceedings under Title 3, Family Code; (13) policies and standards governing the appointment of attorneys to represent indigent parents and children in proceedings with the department under Title 5, Family Code; (14) policies and standards governing the organization and operation of a managed assigned counsel program consistent with nationally recognized policies and standards; and (15) other policies and standards for providing indigent defense services and family protection services as determined by the commission to be appropriate. (b) The commission shall submit its proposed policies and standards developed under Subsection (a) to the board for adoption. The board shall adopt the proposed policies and standards as appropriate. (c) Any qualification standards adopted by the board under Subsection (b) 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 commission as not satisfying performance or qualification standards adopted by the board under Subsection (b) may not accept an appointment in a capital case. Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011. Amended by: Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 3, eff. September 1, 2023.