Texas Senate Bill SB1308

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/30/11
• Voted on by Senate: 4/5/11
• Out of House Committee: 5/18/11
• Voted on by House: 5/23/11
• Engrossed: 4/5/11
• Governor Action: 6/17/11
• Report Pass: 5/18/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the standards for attorneys representing indigent defendants in capital cases.

Impact

This bill places a greater emphasis on the qualifications required for attorneys representing the indigent, aiming to ensure that defendants receive competent legal representation in capital cases. By establishing strict criteria for appointment, the state aims to reduce the risk of ineffective assistance of counsel claims, which have been a substantial concern in the judicial process. Furthermore, the requirement for ongoing legal education signifies a commitment to keeping attorneys updated on practices and issues relevant to capital defense, ensuring continual improvement in legal representation for those unable to afford private counsel.

Summary

SB1308 seeks to amend Article 26.052 of the Texas Code of Criminal Procedure, establishing new standards for attorneys representing indigent defendants in capital cases where the death penalty is at stake. The legislation mandates that attorneys appointed as lead counsel must meet specific qualifications, including membership in the State Bar of Texas and a minimum of five years of experience in criminal law. Additionally, they must demonstrate proficiency in representing defendants in death penalty cases and have a substantial trial background in felony offenses, including homicide. The bill aims to enhance the quality of defense available to indigent defendants who face the most severe penalties under Texas law.

Contention

Notably, this legislation has sparked discussions regarding the balance between ensuring competent legal representation and the potential implications for local selection committees. While some stakeholders applaud the initiative to improve standards, others express concern about the rigidity of new requirements potentially limiting qualified attorneys from serving effectively. The provision allowing attorneys recently found ineffective representation to appeal for reconsideration of their qualifications introduces a facet of flexibility but may lead to contentious situations involving local committees' assessments of such cases.