Texas 2017 - 85th Regular

Texas Senate Bill SB2189

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.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4699

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

TX HB5041

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

TX HB416

Relating to the appointment of attorneys representing indigent defendants in criminal proceedings.

TX HB200

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX HB1732

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX SB404

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

TX HB1350

Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

TX SB378

Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

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