Texas Senate Bill SB245

Texas 2019 - 86th Regular

Caption

Relating to the authority of the office of capital and forensic writs to refuse to accept certain referrals for good cause.

Impact

The enactment of SB245 is poised to have a significant impact on the legal representation provided to defendants facing capital offenses in Texas. By clearly defining the conditions under which the office can refuse certain legal referrals, the bill aims to protect the integrity of the legal process and ensure that defendants are represented by counsel capable of meeting the professional standards set forth by law. This could lead to a more efficient allocation of resources within the Office of Capital and Forensic Writs and enhance the overall quality of representation offered.

Summary

SB245, introduced by Senator Hinojosa, addresses the authority of the Office of Capital and Forensic Writs in Texas regarding the acceptance of certain referrals for legal representation. The bill amends Section 78.054(a) of the Government Code to detail the circumstances under which the office can refuse appointments or referrals. Specifically, the office may decline to accept cases if there is a conflict of interest, insufficient resources, or other good cause shown, which ensures that the defendants receive adequate and appropriate representation.

Contention

Notable points of contention surrounding SB245 center on the implications of limiting referrals based on 'good cause.' Critics may argue that the criteria for refusal could inadvertently deny defendants their right to legal representation, particularly in cases where resources are stretched thin. Hence, while the bill endeavors to uphold standards of professional conduct, there is a concern about its practical effects on access to defense, especially for those from marginalized communities who may already face barriers in obtaining comprehensive legal support.