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Texas Code of Criminal Procedure - Article 26.051. Indigent Inmate Defense

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 26.051. Indigent Inmate Defense

Art. 26.051. INDIGENT INMATE DEFENSE.  (a) In this article:                    
	(1)  "Board" means the Texas Board of Criminal Justice.                        
	(2)  "Institutional division" means the institutional 
division of the Texas Department of Criminal Justice.
	(b)  This article applies only to the appointment of 
attorneys for indigent inmate defendants made on or after August 1, 
1990.
	(c)  A county in which a facility of the institutional 
division or a correctional facility authorized by Section 495.001, 
Government Code, is located shall, except as provided by Subsection 
(f) of this article, pay from its general fund the total costs of 
the aggregate sum allowed and awarded by the court for attorney's 
fees under Article 26.05 of this code for an attorney appointed by 
the court, other than an attorney provided by the board in 
Subsection (e) of this article, to defend an indigent inmate.
	(d)  A court may notify the board if it determines that a 
defendant before the court is indigent and is an inmate charged with 
an offense committed while in the custody of the institutional 
division and request that the board provide legal representation 
for the inmate.
	(e)  The board shall provide legal representation for 
inmates described by Subsection (d) of this section.  The board may 
employ attorneys, support staff, and any other personnel required 
to provide legal representation for those inmates.  All personnel 
employed under this article are directly responsible to the board 
in the performance of their duties.  The board shall pay all fees 
and costs associated with providing legal representation for those 
inmates.
	(f)  Repealed by Acts 1993, 73rd Leg., ch. 988, Sec. 7.02, 
eff. Sept. 1, 1993.
	(g)  The court shall appoint an attorney other than an 
attorney provided by the board if the court determines for any of 
the following reasons that a conflict of interest could arise from 
the use of an attorney provided by the board under Subsection (e) of 
this article:
	(1)  the case involves more than one inmate and the 
representation of more than one inmate could impair the attorney's 
effectiveness;
	(2)  the case is appealed and the court is satisfied that 
conflict of interest would prevent the presentation of a good faith 
allegation of ineffective assistance of counsel by a trial attorney 
provided by the board;  or
	(3)  any conflict of interest exists under the Texas 
Disciplinary Rules of Professional Conduct of the State Bar of 
Texas that precludes representation by an attorney appointed by the 
board.
	(h)  When the court appoints an attorney other than an 
attorney provided by the board, the county shall pay from its 
general fund the first $250.00 of the aggregate sum allowed and 
awarded by the court for the attorney fees under Article 26.05 of 
this code.  If the fees awarded for a court-appointed attorney in a 
case described by this subsection exceed $250.00, the court shall 
certify the amount in excess of $250.00 to the board.  On request of 
the board, the comptroller shall issue a warrant to the 
court-appointed attorney in the amount certified to the board by 
the court.

Added by Acts 1990, 71st Leg., 6th C.S., ch. 15, Sec. 2, eff. June 
14, 1990.  Subsec. (c) amended by and Subsec. (f) added by Acts 
1991, 72nd Leg., ch. 719, Sec. 1, eff. Sept. 1, 1991;  Subsec. (f) 
repealed by Acts 1993, 73rd Leg., ch. 988, Sec. 7.02, eff. Sept. 1, 
1993;  Subsecs. (g), (h) added by Acts 1993, 73rd Leg., ch. 988, 
Sec. 7.01, eff. Sept. 1, 1993.

Last modified: August 11, 2007