Texas 2023 - 88th Regular

Texas House Bill HB4699

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The intended impact of HB 4699 appears to be centered around improving the efficiency and efficacy of legal proceedings by providing a clear framework for appointing alternative attorneys in criminal cases. By allowing judges more discretion in appointing competent counsel, the bill aims to streamline processes that are currently hampered by disqualifications or vacancies in legal representation for the state. Additionally, it clarifies that appointed attorneys will not receive additional compensation unless specifically contracted by county commissions.

Summary

House Bill 4699 proposes amendments to Article 2.07 of the Texas Code of Criminal Procedure, focusing on the appointment of an attorney pro tem in specific circumstances during criminal proceedings. The bill outlines the scenarios under which a judge may appoint an attorney when the state’s attorney is disqualified, absent, or unable to fulfill their duties. This includes provisions for appointing qualified attorneys from other counties or districts, ensuring legal representation continues without unnecessary delays.

Sentiment

General sentiment surrounding HB 4699 is expected to be positive, particularly among legal practitioners who see the need for a responsive legal system that can adapt to circumstances such as attorney disqualifications. However, there may be concerns from some quarters about the procedures for appointments, and whether they will result in the same level of legal rigor as regular state attorneys. Overall, the bill is likely viewed as a pragmatic approach to addressing ongoing challenges within the criminal justice system.

Contention

Notable points of contention may arise regarding the specifics of how appointments are made under the bill. Critics might question the potential for abuse or inconsistency in the appointment process, particularly if judges have significant discretion in selecting attorneys from outside their jurisdictions. Additionally, there could be discussions around ensuring that appointed attorneys are held to the same standards and ethics as state attorneys, safeguarding the rights of individuals involved in criminal proceedings.

Companion Bills

No companion bills found.

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