Texas House Bill HB3903

Texas 2019 - 86th Regular

Caption

Relating to a state defense attorney to represent certain defendants in proceedings before state appellate courts and coordinate continuing legal education for criminal defense attorneys.

Impact

The introduction of a state defense attorney is anticipated to have significant implications for the legal framework governing criminal defendants in Texas. By granting this position the authority to represent defendants at various stages of criminal cases before appellate courts, the bill could enhance the representation of individuals appealing convictions or challenging judicial rulings. Additionally, the state defense attorney is tasked with coordinating continuing legal education for criminal defense attorneys, promoting professional development and potentially improving the overall quality of criminal defense in the state.

Summary

House Bill 3903 aims to establish the office of a state defense attorney who would represent certain defendants in proceedings before state appellate courts, specifically before the court of criminal appeals. This bill amends existing provisions under the Government Code, particularly focusing on the responsibilities and qualifications of the state defense attorney. It specifies that the appointed attorney must have no less than five years of experience in criminal law, ensuring that only qualified professionals undertake this critical role.

Contention

While the bill appears to streamline support for defendants facing appeals, there may be notable points of contention surrounding its implementation. Some stakeholders might express concerns regarding the adequacy of resources allocated to the state defense attorney’s office or the balance of power between state-appointed attorneys and private defense attorneys. Critics may worry that the establishment of this position could lead to increased state control over legal representation, impacting how defense strategies are developed and executed.

Additional_notes

Moreover, the qualifications and selection process for the state defense attorney, which involve a committee that recommends candidates based on established criteria, might raise discussions around transparency and the potential for political influence in the appointment of defense attorneys. Overall, HB3903 has the potential to reshape the landscape of criminal defense in Texas, and ongoing discourse will likely emerge regarding its broader implications.