83R11124 JRH-D
By: Alonzo H.B. No. 3207
A BILL TO BE ENTITLED
AN ACT
relating to the authority of public defenders to refuse to accept
indigent defense appointments for good cause.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.044, Code of Criminal Procedure, is
amended by amending Subsection (j) and adding Subsections (j-1) and
(j-2) to read as follows:
(j) A public defender's office may not accept an appointment
under Article 26.04(f) if:
(1) a conflict of interest exists that has not been
waived by the client;
(2) the public defender's office has insufficient
resources to provide adequate representation for the defendant;
(3) the public defender's office is incapable of
providing representation for the defendant in accordance with the
rules of professional conduct;
(4) the acceptance of the appointment would violate
the maximum allowable caseloads established at the public
defender's office; or
(5) [(4)] the public defender's office shows other
good cause for not accepting the appointment.
(j-1) On refusing an appointment under Subsection (j), a
chief public defender shall file with the court a written statement
that identifies any reason for refusing the appointment. The court
shall determine whether the chief public defender has demonstrated
adequate good cause for refusing the appointment and shall include
the statement with the papers in the case.
(j-2) A chief public defender may not be terminated,
removed, or sanctioned for refusing in good faith to accept an
appointment under Subsection (j).
SECTION 2. This Act takes effect September 1, 2013.