Texas Senate Bill SB2009

Texas 2025 - 89th Regular

• Filed: 3/6/25
• Out of Senate Committee: 5/5/25

Caption

Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.

Impact

The bill's implementation would have significant implications for the funding and operational structures of indigent defense programs. By providing a clearer framework for fees and compensation, SB2009 could lead to improved legal representation for those who are unable to afford an attorney. It aims to address concerns about the sustainability of legal services offered to low-income individuals and ensure that appointed counsel are compensated fairly for their work, which could, in turn, enhance the overall quality of justice in criminal cases.

Summary

Senate Bill 2009 (SB2009) aims to amend the Code of Criminal Procedure regarding the compensation of counsel appointed to represent indigent individuals in criminal and juvenile proceedings. This set of amendments seeks to establish standards for reasonable fees for legal representation, ensuring that attorneys can receive fair compensation for their services. The proposed changes would require the adoption of fixed rates or minimum and maximum hourly rates, which would take into account reasonable overhead costs and the availability of qualified attorneys willing to accept the stated rates.

Sentiment

The sentiment surrounding SB2009 appears to be generally positive, with support from various legal groups advocating for the rights of indigent defendants. Supporters argue that the bill would help establish a more reliable compensation system that encourages qualified attorneys to take on indigent defense cases. However, discussions might also highlight concerns about whether the prescribed rates are adequate to attract and retain competent counsel, a point of contention among various stakeholders in the legal community.

Contention

Notable points of contention include the specifics of the fee schedule, the minimum and maximum rates, and the procedures for approving payments under the new system. There may be concerns from both legislative and judicial perspectives regarding how these changes might impact the quality of legal defense provided to indigent individuals, as well as the administrative burden on the courts to manage and approve compensation. The proposed changes are expected to improve compensation transparency but will likely require ongoing evaluation to ensure they achieve their intended goals.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 26. Arraignment
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