Texas House Bill HB4382

Texas 2009 - 81st Regular

Caption

Relating to standards of competency for attorneys appointed as counsel to indigent applicants in certain habeas corpus proceedings.

Impact

By implementing these standards, HB 4382 seeks to improve the quality of legal representation for indigent defendants. The amendments it proposes to the Code of Criminal Procedure are designed to prevent situations where applicants are poorly represented due to lack of experience or training among their counsel. This measure is expected to foster a more equitable justice system, particularly for those facing serious charges, including capital felonies. The law's effective enforcement will be crucial in achieving these outcomes.

Summary

House Bill 4382 aims to enhance the standards of competency for attorneys appointed to represent indigent applicants in habeas corpus proceedings. The bill outlines specific requirements for such attorneys, including membership in the State Bar of Texas, a minimum of five years of relevant legal experience, and a commitment to ongoing legal education in habeas corpus matters. The intention of the bill is to ensure that defendants who cannot afford legal representation receive adequate and competent counsel in critical legal situations, especially in death penalty cases.

Contention

While the bill is primarily focused on ensuring competent legal representation, potential points of contention may arise regarding the implications of imposing strict standards on attorney appointments. Critics may argue that enforcing such criteria could limit the availability of counsel for indigent applicants, potentially delaying justice for those in urgent need of legal assistance. Furthermore, there could be discussions surrounding the fairness of the competence requirements and whether these might disproportionately affect smaller law firms or less experienced attorneys aiming to serve indigent clients.