Texas House Bill HB1317

Texas 2019 - 86th Regular

Caption

Relating to the compensation of certain court-appointed attorneys.

Impact

The impact of HB 1317 on state laws is significant as it introduces a structured approach to attorney compensation that was previously lacking in Texas's legal framework. By standardizing how court-appointed attorneys are compensated, the bill aims to mitigate inconsistencies and disputes over payment in the judicial system. Moreover, it clarifies the pathways for attorneys to recover unpaid fees through civil suits against the state or local governments, thereby enhancing their financial security and stability in providing legal representation.

Summary

House Bill 1317 addresses the compensation of certain court-appointed attorneys in Texas. The bill introduces a new chapter in the Government Code that establishes guidelines for determining how attorneys appointed by the court, including special prosecutors, should be compensated. According to the provisions of the bill, a court is required to pay these attorneys the agreed amount outlined in a written compensation agreement unless the attorney fails to perform their duties adequately, in which case the court may pay a reduced amount. This provision emphasizes accountability and ensures that attorneys are recognized for their work while allowing the court some discretion in compensation based on performance.

Contention

Notable points of contention surrounding HB 1317 may include discussions about the fairness of compensation levels and the potential implications for the availability of court-appointed attorneys in lower-income communities. Critics might argue that imposing performance-based reductions in pay could deter qualified attorneys from accepting court appointments due to financial risks. Proponents, however, could argue that the bill fosters a mechanism for quality assurance in legal representation by incentivizing attorneys to fulfill their duties responsibly, thereby improving the overall standard of legal services afforded to defendants.