Texas Senate Bill SB2189

Texas 2017 - 85th Regular

Caption

Relating to the appointment of an attorney pro tem for certain criminal proceedings.

Impact

If enacted, SB2189 would ensure more streamlined criminal proceedings by providing clear guidelines for appointing an attorney pro tem. The bill seeks to amend several articles of the Code of Criminal Procedure, making it explicit that an appointed attorney pro tem is eligible for compensation equivalent to that of attorneys appointed to represent indigent clients. This could potentially improve the efficiency of the judicial process, especially in cases where state attorneys are unable to act.

Summary

SB2189 primarily addresses the appointment and compensation of an attorney pro tem in criminal proceedings within Texas. The bill amends existing statutes in the Code of Criminal Procedure regarding situations where an attorney for the state is disqualified, absent, or unable to perform their duties. The proposed changes would allow for the appointment of an attorney pro tem from any jurisdiction to ensure the continuity of legal representation in cases where the official attorney cannot fulfill their role.

Sentiment

The sentiment around SB2189 appears generally favorable among legal professionals who advocate for better support structures for the judicial system. Proponents believe that by having a definitive pathway for appointing attorneys pro tem, the legal process is safeguarded against disruptions caused by attorney unavailability. However, concerns have been raised about the implications of the bill on budgetary allocations for compensating these attorneys, with some fearing it may lead to increased expenses for local governments.

Contention

Notable points of contention include the potential financial impact on counties, as the bill allows for compensation based on a judge's discretion, which might lead to inconsistencies in payments. Some local officials have expressed concerns that this could put a strain on their resources, particularly in smaller jurisdictions. Additionally, the amendments to existing laws could spark debates around who qualifies as competent attorneys for these appointments, thus raising questions about qualifications and experience.