Sec. 79.034. POLICIES AND STANDARDS. (a) The commission shall develop policies and standards for providing legal representation and other defense services to indigent defendants at trial, on appeal, and in postconviction proceedings. The policies and standards may include:
(1) performance standards for counsel appointed to represent indigent defendants;
(2) qualification standards under which attorneys may qualify for appointment to represent indigent defendants, including:
(A) qualifications commensurate with the seriousness of the nature of the proceeding;
(B) qualifications appropriate for representation of mentally ill defendants and noncitizen defendants;
(C) successful completion of relevant continuing legal education programs approved by the council; and
(D) testing and certification standards;
(3) standards for ensuring appropriate appointed caseloads for counsel appointed to represent indigent defendants;
(4) standards for determining whether a person accused of a crime or juvenile offense is indigent;
(5) policies and standards governing the organization and operation of an assigned counsel program;
(6) policies and standards governing the organization and operation of a public defender's office consistent with recognized national policies and standards;
(7) standards for providing indigent defense services under a contract defender program consistent with recognized national policies and standards;
(8) standards governing the reasonable compensation of counsel appointed to represent indigent defendants;
(9) standards governing the availability and reasonable compensation of providers of indigent defense support services for counsel appointed to represent indigent defendants;
(10) standards governing the operation of a legal clinic or program that provides legal services to indigent defendants and is sponsored by a law school approved by the supreme court;
(11) policies and standards governing the appointment of attorneys to represent children in proceedings under Title 3, Family Code;
(12) policies and standards governing the organization and operation of a managed assigned counsel program consistent with nationally recognized policies and standards; and
(13) other policies and standards for providing indigent defense services as determined by the commission to be appropriate.
(b) The commission shall submit its proposed policies and standards developed under Subsection (a) to the board for adoption. The board shall adopt the proposed policies and standards as appropriate.
(c) Any qualification standards adopted by the board under Subsection (b) that relate to the appointment of counsel in a death penalty case must be consistent with the standards specified under Article 26.052(d), Code of Criminal Procedure. An attorney who is identified by the commission as not satisfying performance or qualification standards adopted by the board under Subsection (b) may not accept an appointment in a capital case.
Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.
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