The committee must submit a short list of recommended candidates to the court of criminal appeals, and the court must appoint the director from that list when there is a vacancy.
Sec. 78.004. RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF OFFICE OF CAPITAL AND FORENSIC 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 and forensic 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 and forensic 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 criminal 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 and forensic writs. Added by Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091), Sec. 1, eff. September 1, 2009. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 14, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 15, eff. September 1, 2015. SUBCHAPTER B. OFFICE OF CAPITAL AND FORENSIC WRITS