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Texas Code of Criminal Procedure - Article 26.053. Public Defender In Randall County

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 26.053. Public Defender In Randall County

Art. 26.053. PUBLIC DEFENDER IN RANDALL COUNTY.  (a) The 
Commissioners Court of Randall County may appoint an attorney to 
serve as a public defender.  The public defender serves at the 
pleasure of the commissioners court.
	(b)  To be eligible for appointment as a public defender, a 
person must be a member of the State Bar of Texas.
	(c)  With the approval of the commissioners court, the public 
defender may employ assistant public defenders, investigators, 
secretaries, and other necessary personnel.  An assistant public 
defender must be a licensed attorney and may perform the duties of a 
public defender under this article.
	(d)  A public defender's office consists of the public 
defender and the personnel employed by the public defender under 
Subsection (c).
	(e)  A public defender is entitled to receive an annual 
salary in an amount set by the commissioners court.  Subchapter B, 
Chapter 152, Local Government Code, applies to the compensation of 
personnel and the payment of office expenses in the public 
defender's office.
	(f)  Except as authorized by this article, a public defender 
or an assistant public defender may not:
	(1)  engage in the private practice of law;  or                                
	(2)  accept anything of value not authorized by this article 
for services rendered under this article.
	(g)  The commissioners court may remove a public defender or 
an assistant public defender who violates Subsection (f).
	(h)  The public defender or an assistant public defender 
shall represent each indigent person who is:
	(1)  charged with a criminal offense in Randall County 
punishable by confinement or imprisonment;
	(2)  a minor who is a party to a juvenile delinquency 
proceeding in the county;  or
	(3)  entitled to representation under:                                         
	(A)  Chapter 462, Health and Safety Code;  or                                  
	(B)  Subtitle C or D, Title 7, Health and Safety Code.                         
	(i)  If at any stage of the proceeding the judge determines 
that a conflict of interest exists between the public defender and 
the indigent person, the judge may appoint another attorney to 
represent the person.  The attorney must be licensed to practice law 
in this state and is entitled to the compensation provided by 
Article 26.05.
	(j)  The public defender's office shall investigate the 
financial condition of any person the public defender is appointed 
to represent.  The public defender's office 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.
	(k)  Except for the provisions relating to daily appearance 
fees, Article 26.05 applies to the public defender and an assistant 
public defender.
	(l)  The commissioners court may accept gifts and grants from 
any source to finance an adequate and effective public defender 
program.

Added by Acts 2001, 77th Leg., ch. 184, Sec. 1, eff. May 18, 2001.            

Last modified: August 10, 2007