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Texas Code of Criminal Procedure - Article 26.044. Public Defender

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Art. 26.044. PUBLIC DEFENDER.  (a) In this chapter:                            
	(1)  "Governmental entity" includes a county, a group of 
counties, a branch or agency of a county, an administrative 
judicial region created by Section 74.042, Government Code, and any 
entity created under the Interlocal Cooperation Act as permitted by 
Chapter 791, Government Code.
	(2)  "Public defender" means a governmental entity or 
nonprofit corporation: 
	(A)  operating under a written agreement with a governmental 
entity, other than an individual judge or court;
	(B)  using public funds;  and                                                  
	(C)  providing legal representation and services to indigent 
defendants accused of a crime or juvenile offense, as those terms 
are defined by Section 71.001, Government Code.
	(b)  The commissioners court of any county, on written 
approval of a judge of a county court, statutory county court, or 
district court trying criminal cases in the county, may appoint a 
governmental entity or nonprofit corporation to serve as a public 
defender.  The commissioners courts of two or more counties may 
enter into a written agreement to jointly appoint and fund a 
regional public defender. In appointing a public defender under 
this subsection, the commissioners court shall specify or the 
commissioners courts shall jointly specify, if appointing a 
regional public defender:
	(1)  the duties of the public defender;                                        
	(2)  the types of cases to which the public defender may be 
appointed under Article 26.04(f) and the courts in which the public 
defender may be required to appear;
	(3)  whether the public defender is appointed to serve a term 
or serve at the pleasure of the commissioners court or the 
commissioners courts;  and
	(4)  if the public defender is appointed to serve a term, the 
term of appointment and the procedures for removing the public 
defender.
	(c)  Before appointing a public defender under Subsection 
(b), the commissioners court or commissioners courts shall solicit 
proposals for the public defender.  A proposal must include:
	(1)  a budget for the public defender, including salaries;                     
	(2)  a description of each personnel position, including the 
chief public defender position;
	(3)  the maximum allowable caseloads for each attorney 
employed by the proponent;
	(4)  provisions for personnel training;                                        
	(5)  a description of anticipated overhead costs for the 
public defender;  and
	(6)  policies regarding the use of licensed investigators 
and expert witnesses by the proponent.
	(d)  After considering each proposal for the public defender 
submitted by a governmental entity or nonprofit corporation, the 
commissioners court or commissioners courts shall select a proposal 
that reasonably demonstrates that the proponent will provide 
adequate quality representation for indigent defendants in the 
county or counties.
	(e)  The total cost of the proposal may not be the sole 
consideration in selecting a proposal.
	(f)  To be eligible for appointment as a public defender, the 
governmental entity or nonprofit corporation must be directed by a 
chief public defender who:
	(1)  is a member of the State Bar of Texas;                                    
	(2)  has practiced law for at least three years;  and                          
	(3)  has substantial experience in the practice of criminal 
law.             
	(g)  A public defender is entitled to receive funds for 
personnel costs and expenses incurred in operating as a public 
defender in amounts fixed by the commissioners court and paid out of 
the appropriate county fund, or jointly fixed by the commissioners 
courts and proportionately paid out of each appropriate county fund 
if the public defender serves more than one county.
	(h)  A public defender may employ attorneys, licensed 
investigators, and other personnel necessary to perform the duties 
of the public defender as specified by the commissioners court or 
commissioners courts under Subsection (b)(1).
	(i)  Except as authorized by this article, the chief public 
defender or an attorney employed by a public defender may not:
	(1)  engage in the private practice of criminal law;  or                       
	(2)  accept anything of value not authorized by this article 
for services rendered under this article.
	(j)  A public defender may refuse an appointment under 
Article 26.04(f) if:  
	(1)  a conflict of interest exists;                                            
	(2)  the public defender has insufficient resources to 
provide adequate representation for the defendant;
	(3)  the public defender is incapable of providing 
representation for the defendant in accordance with the rules of 
professional conduct;  or
	(4)  the public defender shows other good cause for refusing 
the appointment.
	(k)  The judge may remove a public defender who violates a 
provision of Subsection (i).
	(l)  A public defender may investigate the financial 
condition of any person the public defender is appointed to 
represent.  The defender shall report the results of the 
investigation to the appointing judge.  The judge may hold a hearing 
to determine if the person is indigent and entitled to 
representation under this article.
	(m)  If it is necessary that an attorney other than a public 
defender be appointed, the attorney is entitled to the compensation 
provided by Article 26.05 of this code.

Added by Acts 1985, 69th Leg., ch. 480, Sec. 17, eff. Sept. 1, 1985.  
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 4.03(a), eff. Sept. 
1, 1987.

Amended by Acts 2001, 77th Leg., ch. 906, Sec. 7, eff. Jan. 1, 2002; 
Subsec. (a) amended by Acts 2005, 79th Leg., ch. 965, Sec. 6, eff. 
Sept. 1, 2005.

Last modified: August 11, 2007