Texas Senate Bill SB1460

Texas 2021 - 87th Regular

Caption

Relating to the appointment of counsel to represent indigent defendants.

Impact

The proposed measure aims to improve the quality of legal representation for those unable to afford an attorney by preventing attorneys from becoming overwhelmed with excessive caseloads. By instituting a cap on the number of cases that can be assigned to a single attorney, the bill seeks to enhance the attention and resources dedicated to each case, thereby potentially improving outcomes for indigent defendants. The measures notwithstanding, counties are granted the authority to withhold payments to attorneys who exceed these caseload guidelines, ensuring compliance with the new regulations.

Summary

Senate Bill 1460 addresses the appointment of counsel for indigent defendants in criminal cases within counties that have populations exceeding 3.3 million. The bill introduces a specific amendment to Chapter 79 of the Government Code, establishing guidelines aimed at regulating the number of appointments that attorneys can accept. This regulation is designed to align with the caseload studies published by the commission pursuant to House Bill 1318 from the 83rd Texas Legislature, ensuring that legal representation provided to indigent individuals is adequate and within manageable limits.

Contention

The implementation of SB 1460 may evoke varying perspectives within the legal community and among policymakers. Supporters argue that such regulation is vital to ensuring fair legal representation for indigent defendants, who often face significant disparities compared to affluent defendants. However, there may be concerns regarding the efficiency of legal services and the potential financial strain on counties in managing adequate defense operations while adhering to these new restrictions.