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Texas Family Code - Section 157.163. Appointment Of Attorney

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 157.163. Appointment Of Attorney

§ 157.163. APPOINTMENT OF ATTORNEY.  (a) In a motion for 
enforcement or motion to revoke community service, the court must 
first determine whether incarceration of the respondent is a 
possible result of the proceedings.
	(b)  If the court determines that incarceration is a possible 
result of the proceedings, the court shall inform a respondent not 
represented by an attorney of the right to be represented by an 
attorney and, if the respondent is indigent, of the right to the 
appointment of an attorney.
	(c)  If the court determines that the respondent will not be 
incarcerated as a result of the proceedings, the court may require a 
respondent who is indigent to proceed without an attorney.
	(d)  If the respondent claims indigency and requests the 
appointment of an attorney, the court shall require the respondent 
to file an affidavit of indigency.  The court may hear evidence to 
determine the issue of indigency.
	(e)  Except as provided by Subsection (c), the court shall 
appoint an attorney to represent the respondent if the court 
determines that the respondent is indigent.
	(f)  If the respondent is not in custody, an appointed 
attorney is entitled to not less than 10 days from the date of the 
attorney's appointment to respond to the movant's pleadings and 
prepare for the hearing.
	(g)  If the respondent is in custody, an appointed attorney 
is entitled to not less than five days from the date the respondent 
was taken into custody to respond to the movant's pleadings and 
prepare for the hearing.
	(h)  The court may shorten or extend the time for preparation 
if the respondent and the respondent's attorney sign a waiver of the 
time limit.
	(i)  The scope of the court appointment of an attorney to 
represent the respondent is limited to the allegation of contempt 
or of violation of community supervision contained in the motion 
for enforcement or motion to revoke community supervision.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.           

Last modified: August 11, 2007