GOVERNMENT CODE
SUBTITLE F. COURT ADMINISTRATION
CHAPTER 71. TEXAS JUDICIAL COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
§ 71.001. DEFINITIONS. In this chapter:
(1) "Ad hoc assigned counsel program" means a system
under which private attorneys, acting as independent contractors
and compensated with public funds, are individually appointed to
provide legal representation and services to a particular indigent
defendant accused of a crime or juvenile offense.
(2) "Chair" means the chair of the council.
(3) "Contract defender program" means a system under
which private attorneys, acting as independent contractors and
compensated with public funds, are engaged to provide legal
representation and services to a group of unspecified indigent
defendants who appear before a particular court or group of courts.
(4) "Council" means the Texas Judicial Council.
(5) "Crime" means:
(A) a misdemeanor punishable by confinement; or
(B) a felony.
(6) "Defendant" means a person accused of a crime or a
juvenile offense.
(7) "Indigent defense support services" means
criminal defense services that:
(A) are provided by licensed investigators,
experts, or other similar specialists, including forensic experts
and mental health experts; and
(B) are reasonable and necessary for appointed
counsel to provide adequate representation to indigent defendants.
(8) "Juvenile offense" means conduct committed by a
person while younger than 17 years of age that constitutes:
(A) a misdemeanor punishable by confinement; or
(B) a felony.
(9) "Public defender" has the meaning assigned by
Article 26.044(a), Code of Criminal Procedure.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1408, § 1, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 906, § 12, eff. Jan. 1, 2002.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 71.011. NUMBER AND CLASSES OF MEMBERS. The Texas
Judicial Council is an agency of the state composed of 16 ex officio
and six appointive members.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1408, § 2, eff. Sept. 1, 1997.
§ 71.012. EX OFFICIO MEMBERS. The ex officio members
are:
(1) the chief justice of the supreme court;
(2) the presiding judge of the court of criminal
appeals;
(3) two members of the senate, appointed by the
lieutenant governor;
(4) the chair of the House Judicial Affairs Committee;
(5) one member of the house of representatives,
appointed by the speaker of the house;
(6) two justices of the courts of appeals designated
by the chief justice of the supreme court;
(7) two district judges designated by the chief
justice of the supreme court;
(8) two judges of county courts, statutory county, or
statutory probate courts designated by the chief justice of the
supreme court;
(9) two justices of the peace designated by the chief
justice of the supreme court; and
(10) two municipal court judges designated by the
chief justice of the supreme court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(13), eff. Aug. 28, 1989;
Acts 1997, 75th Leg., ch. 1408, § 3, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1328, § 2, eff. June 21, 2003.
§ 71.013. TERMS OF EX OFFICIO MEMBERS; DELEGATION OF
FUNCTIONS. (a) The chief justice of the supreme court and the
presiding judge of the court of criminal appeals are members of the
council as long as they hold those offices.
(b) Except as provided by Subsection (a), all members of the
judiciary appointed to the council serve staggered terms of four
years with the term of one member from each judicial group expiring
on February 1 of each odd-numbered year.
(c) A legislative member whose membership in the
legislature ceases continues as a member of the council at the
pleasure of the appointing authority.
(d) A vacancy in a judicial membership must be filled for
the unexpired term in the same manner as the original appointment.
(e) A judicial or legislative member of the council serves
until his successor is chosen and has qualified.
(f) The chief justice of the supreme court and the presiding
judge of the court of criminal appeals may each designate a member
of his court to act in his stead under this chapter. The designated
person serves at the will of the official who chose him for service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(14), eff. Aug. 28, 1989;
Acts 1997, 75th Leg., ch. 1408, § 4, eff. Sept. 1, 1997.
§ 71.014. CITIZEN MEMBERS. (a) The governor shall
appoint the six citizen members on the council.
(b) A citizen member must be a resident citizen of the
state. Three of the six citizen members must be members of the
State Bar of Texas and two must be persons who are not licensed to
practice law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1408, § 5, eff. Sept. 1, 1997.
§ 71.015. TERMS OF CITIZEN MEMBERS. (a) Citizen
members serve for staggered terms of six years with two members'
terms expiring on June 30 of each odd-numbered year.
(b) A vacancy in citizen membership is filled for the
unexpired term by appointment by the governor.
(c) A citizen member serves on the council until his
successor is appointed and has qualified.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1408, § 6, eff. Sept. 1, 1997.
§ 71.016. MEETINGS. (a) The council shall meet at
least once in each calendar year and may meet at other times as
ordered by the council or under its authority.
(b) The council may meet at a place and time designated by it
or under its authority.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 71.017. QUORUM. Eleven members of the council
constitute a quorum.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1408, § 7, eff. Sept. 1, 1997.
§ 71.018. OFFICERS; COMMITTEES. (a) The chief
justice of the supreme court shall serve as chair and the presiding
judge of the court of criminal appeals shall serve as vice chair of
the council. Other officers of the council shall be elected by the
council.
(b) The council may prescribe the duties of an officer of
the council.
(c) The council may appoint committees from its membership.
It may prescribe the duties of and delegate powers under this
chapter to a committee except as otherwise limited by this chapter.
(d) The chair may appoint committees for two-year terms that
he considers necessary for the organization of the council.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1408, § 8, eff. Sept. 1, 1997.
§ 71.019. RULES. The council may adopt rules expedient
for the administration of its functions.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 71.020. EXPENSES. (a) A member of the council may
not receive compensation for service on the council.
(b) A member is entitled to reimbursement for actual and
necessary expenses incurred in performing the duties of the council
and approved for payment as provided by this section.
(c) The council, its officers, and its committees are
entitled to reimbursement for the actual and necessary clerical
expenses incurred in performing functions under this chapter and
approved for payment as provided by this section.
(d) Before any expenses incurred by the council, its members
or officers, or its committees may be paid, the chair of the council
or the vice chair, if authorized by the chair in writing to do so,
must approve a verified and itemized account of the expenses.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1408, § 9, eff. Sept. 1, 1997.
SUBCHAPTER C. POWERS AND DUTIES
§ 71.031. CONTINUOUS STUDY. The council continuously
shall study the organization, rules, procedures and practice, work
accomplished, results, and uniformity of the discretionary powers
of the state courts and methods for their improvement.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 71.032. RECEIPT OF ADVICE ON REMEDIES. The council
shall receive and consider advice from judges, public officials,
members of the bar, and citizens concerning remedies for faults in
the administration of justice.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 71.033. METHODS FOR IMPROVEMENT. The council shall
design methods for simplifying judicial procedure, expediting the
transaction of judicial business, and correcting faults in or
improving the administration of justice.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 71.034. REPORTS; INVESTIGATIONS. (a) The council
shall file a complete detailed report with the governor and the
supreme court before December 2 of each year on council activities,
information from the council's study, and council recommendations.
(b) The council may file a supplemental report on council
activities, findings, or recommendations at a time it considers
advisable.
(c) The council shall investigate and report on a matter
concerning the administration of justice that the supreme court or
the legislature refers to the council.
(d) The yearly or supplemental reports of the council are
public information and may be given to the press when filed.
(e) In addition to the information described by Subsection
(a), the council shall include in the report a summary of
information provided to the council during the preceding year under
Article 2.211, Code of Criminal Procedure.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 85, § 4.02, eff. Sept. 1, 2001.
§ 71.035. STATISTICS; ENFORCEMENT BY
MANDAMUS. (a) The council shall gather judicial statistics and
other pertinent information from the several state judges and other
court officials of this state. In addition, the council shall
implement a monthly tracking system to ensure accountability for
counties and courts which participate in the statewide integrated
system for child support and medical support enforcement
established under Section 231.0011, Family Code. As a duty of
office, the district clerks and county clerks serving the affected
courts shall report monthly such information as may be required by
the council, including, at a minimum, the time required to enforce
cases from date of delinquency, from date of filing, and from date
of service until date of disposition. Such information as is
necessary to complete the report and not directly within the
control of the district or county clerk, such as date of
delinquency, shall be provided to the clerk by the child support
registry or by the enforcement agency providing Title IV-D
enforcement services in the court. The monthly report shall be
transmitted to the Office of Court Administration of the Texas
Judicial System no later than the 20th day of the month following
the month reported, in such form as may be prescribed by the Office
of Court Administration, which may include electronic data
transfer. Copies of such reports shall be maintained in the office
of the appropriate district or county clerk for a period of at least
two years and shall be available to the public for inspection and
reproduction.
(b) The council may require a state justice, judge, clerk,
or other court official, as an official duty, to comply with
reasonable requirements for supplying statistics pertaining to the
amount and character of the civil and criminal business transacted
by the court or other information on the conduct, operation, or
business of his court or the office of the clerk of his court that is
within the scope of the functions of the council. If the official
does not supply the information within a reasonable time after the
request, he is presumed to have wilfully refused the request. The
council shall prescribe procedures, definitions of terms, and forms
for supplying the statistics and other information.
(c) The duty provided by this section to supply information
may be enforced by writ of mandamus in:
(1) the district court of the county of residence of
the respondent if the petition for mandamus is filed against a
district clerk or a clerk, judge, or other official of a trial court
other than a district court;
(2) the court of appeals for the court of appeals
district in which the respondent resides if the petition for
mandamus is filed against a district judge or a clerk of a court of
appeals; or
(3) the supreme court in any other case.
(d) Except as provided by this subsection, the attorney
general shall file and prosecute an action for mandamus on behalf of
the council if requested to do so in writing by the council. To be
valid, the written request must be signed by the chair or by at
least 11 members of the council. The attorney general may refuse to
file an action if he certifies in writing that the action is without
merit.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.63, eff. Sept. 1, 1987;
Acts 1995, 74th Leg., ch. 341, § 2.05, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 79, § 1, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1408, § 10, eff. Sept. 1, 1997.
§ 71.0351. INDIGENT DEFENSE INFORMATION. (a) Not
later than January 1 of each year, in each county, a copy of all
formal and informal rules and forms that describe the procedures
used in the county to provide indigent defendants with counsel in
accordance with the Code of Criminal Procedure, including the
schedule of fees required under Article 26.05 of that code, shall be
prepared and sent to the Office of Court Administration of the Texas
Judicial System in the form and manner prescribed by the office.
Except as provided by Subsection (b), the local administrative
district judge in each county, or the person designated by the
judge, shall prepare and send to the office of court administration
a copy of all rules and forms adopted by the judges of the district
courts trying felony cases in the county. Except as provided by
Subsection (b), the local administrative statutory county court
judge in each county, or the person designated by the judge, shall
prepare and send to the office of court administration a copy of all
rules and forms adopted by the judges of the county courts and
statutory county courts trying misdemeanor cases in the county.
(b) If the judges of two or more levels of courts adopt the
same formal and informal rules and forms as described by Subsection
(a), the local administrative judge serving the courts having
jurisdiction over offenses with the highest classification of
punishment, or the person designated by the judge, shall prepare
and send to the Office of Court Administration of the Texas Judicial
System a copy of the rules and forms.
(c) In each county, the county auditor, or the person
designated by the commissioners court if the county does not have a
county auditor, shall prepare and send to the Office of Court
Administration of the Texas Judicial System in the form and manner
prescribed by the office and on a monthly, quarterly, or annual
basis, with respect to legal services provided in the county to
indigent defendants during each fiscal year, information showing
the total amount expended by the county to provide indigent defense
services and an analysis of the amount expended by the county:
(1) in each district, county, statutory county, and
appellate court;
(2) in cases for which a private attorney is appointed
for an indigent defendant;
(3) in cases for which a public defender is appointed
for an indigent defendant;
(4) in cases for which counsel is appointed for an
indigent juvenile under Section 51.10(f), Family Code; and
(5) for investigation expenses, expert witness
expenses, or other litigation expenses.
(d) As a duty of office, each district and county clerk
shall cooperate with the county auditor or the person designated by
the commissioners court and the commissioners court in retrieving
information required to be sent to the Office of Court
Administration of the Texas Judicial System under this section and
under a reporting plan developed by the Task Force on Indigent
Defense under Section 71.061(a).
(e) On receipt of information required under this section,
the Office of Court Administration of the Texas Judicial System
shall forward the information to the Task Force on Indigent
Defense.
Added by Acts 2001, 77th Leg., ch. 906, § 13, eff. Jan. 1, 2002.
§ 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND
JUVENILE COURTS. As a component of the official monthly report
submitted to the Office of Court Administration of the Texas
Judicial System:
(1) justice and municipal courts shall report the
number of cases filed for the following offenses:
(A) failure to attend school under Section
25.094, Education Code;
(B) parent contributing to nonattendance under
Section 25.093, Education Code; and
(C) violation of a local daytime curfew ordinance
adopted under Section 341.905 or 351.903, Local Government Code;
and
(2) in cases in which a child fails to obey an order of
a justice or municipal court under circumstances that would
constitute contempt of court, the justice or municipal court shall
report the number of incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct as provided by Article 45.050(c)(1), Code of
Criminal Procedure, and Section 51.03(a)(2), Family Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45.050(c)(2), Code of Criminal
Procedure.
Added by Acts 2003, 78th Leg., ch. 283, § 43, eff. Sept. 1, 2003.
§ 71.036. PUBLIC HEARINGS. (a) The council may
appoint a committee of at least three members to hold a public
hearing.
(b) The committee may:
(1) order the production of books or other documents;
(2) require a report from a state court, including a
court that is not a court of record;
(3) administer oaths; or
(4) take testimony.
(c) An officer of the council, either prior to or while
sitting at a hearing, or a member of the council sitting at a
hearing may issue a subpoena or similar order to a prospective
witness under his official signature.
(d) The subpoena or similar order may be served by
registered or certified mail or by an adult person.
(e) If a witness fails to comply with a subpoena or similar
order issued as provided by this section, the council or its
committee holding the hearing may request in writing that a
district judge of the county of residence of the witness enforce its
subpoena or similar order. When requested to enforce a subpoena or
order as provided by this section, the district judge shall order
compliance with the council's order by the same means that the judge
may compel the appearance and testimony of witnesses in a trial in
his own court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE
§ 71.051. ESTABLISHMENT OF TASK FORCE;
COMPOSITION. The Task Force on Indigent Defense is established as
a standing committee of the council and is composed of eight ex
officio members and five appointive members.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.052. EX OFFICIO MEMBERS. The ex officio members
are:
(1) the following six members of the council:
(A) the chief justice of the supreme court;
(B) the presiding judge of the court of criminal
appeals;
(C) one of the members of the senate serving on
the council who is designated by the lieutenant governor to serve on
the Task Force on Indigent Defense;
(D) the member of the house of representatives
appointed by the speaker of the house;
(E) one of the courts of appeals justices serving
on the council who is designated by the governor to serve on the
Task Force on Indigent Defense; and
(F) one of the county court or statutory county
court judges serving on the council who is designated by the
governor to serve on the Task Force on Indigent Defense or, if a
county court or statutory county court judge is not serving on the
council, one of the statutory probate court judges serving on the
council who is designated by the governor to serve on the task
force;
(2) one other member of the senate appointed by the
lieutenant governor; and
(3) the chair of the House Criminal Jurisprudence
Committee.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
Amended by Acts 2003, 78th Leg., ch. 1328, § 3, eff. June 21,
2003.
§ 71.053. APPOINTMENTS. (a) The governor shall
appoint with the advice and consent of the senate five members of
the Task Force on Indigent Defense as follows:
(1) one member who is an active district judge serving
as a presiding judge of an administrative judicial region;
(2) one member who is a judge of a constitutional
county court or who is a county commissioner;
(3) one member who is a practicing criminal defense
attorney;
(4) one member who is a public defender or who is
employed by a public defender; and
(5) one member who is a judge of a constitutional
county court or who is a county commissioner of a county with a
population of 250,000 or more.
(b) The members serve staggered terms of two years, with two
members' terms expiring February 1 of each odd-numbered year and
two members' terms expiring February 1 of each even-numbered year.
(c) In making appointments to the Task Force on Indigent
Defense, the governor shall attempt to reflect the geographic and
demographic diversity of the state.
(d) A person may not be appointed to the Task Force on
Indigent Defense if the person is required to register as a lobbyist
under Chapter 305 because of the person's activities for
compensation on behalf of a profession related to the operation of
the task force or the council.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.054. VACANCIES. A vacancy on the Task Force on
Indigent Defense must be filled for the unexpired term in the same
manner as the original appointment. An appointment to fill a
vacancy shall be made not later than the 90th day after the date the
vacancy occurs.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.055. MEETINGS; QUORUM; VOTING. (a) The Task
Force on Indigent Defense shall meet at least quarterly and at such
other times as it deems necessary or convenient to perform its
duties.
(b) Six members of the Task Force on Indigent Defense
constitute a quorum for purposes of transacting task force
business. The task force may act only on the concurrence of five
task force members or a majority of the task force members present,
whichever number is greater. The task force may develop policies
and standards under Section 71.060 only on the concurrence of seven
task force members.
(c) A Task Force on Indigent Defense member is entitled to
vote on any matter before the task force, except as otherwise
provided by rules adopted by the task force and ratified by the
council.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.056. COMPENSATION. A Task Force on Indigent
Defense member may not receive compensation for services on the
task force but is entitled to be reimbursed for actual and necessary
expenses incurred in discharging the member's duties as a task
force member. The expenses are paid from funds appropriated to the
task force.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.057. BUDGET. (a) The Task Force on Indigent
Defense budget shall be a part of the budget for the council. In
preparing a budget and presenting the budget to the legislature,
the task force shall consult with the executive director of the
Office of Court Administration of the Texas Judicial System.
(b) The Task Force on Indigent Defense budget may include
funds for personnel who are employees of the council but who are
assigned to assist the task force in performing its duties.
(c) The executive director of the Office of Court
Administration of the Texas Judicial System may not reduce or
modify the Task Force on Indigent Defense budget or use funds
appropriated to the task force without the approval of the task
force.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.058. FAIR DEFENSE ACCOUNT. The fair defense
account is an account in the general revenue fund that may be
appropriated only to the Task Force on Indigent Defense for the
purpose of implementing this subchapter.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS;
STATE GRANTS TEAM. (a) The Task Force on Indigent Defense may
accept gifts, grants, and other funds from any public or private
source to pay expenses incurred in performing its duties under this
subchapter.
(b) The State Grants Team of the Governor's Office of Budget
and Planning may assist the Task Force on Indigent Defense in
identifying grants and other resources available for use by the
task force in performing its duties under this subchapter.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.060. POLICIES AND STANDARDS. (a) The Task Force
on Indigent Defense 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 ad hoc assigned counsel program;
(6) policies and standards governing the organization
and operation of a public defender 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; and
(12) other policies and standards for providing
indigent defense services as determined by the task force to be
appropriate.
(b) The Task Force on Indigent Defense shall submit policies
and standards developed under Subsection (a) to the council for
ratification.
(c) Any qualification standards adopted by the Task Force on
Indigent Defense under Subsection (a) 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 task force
as not satisfying performance or qualification standards adopted by
the task force under Subsection (a) may not accept an appointment in
a capital case.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.061. COUNTY REPORTING PLAN; TASK FORCE
REPORTS. (a) The Task Force on Indigent Defense shall develop a
plan that establishes statewide requirements for counties relating
to reporting indigent defense information. The plan must include
provisions designed to reduce redundant reporting by counties and
provisions that take into consideration the costs to counties of
implementing the plan statewide. The task force shall use the
information reported by a county to monitor the effectiveness of
the county's indigent defense policies, standards, and procedures
and to ensure compliance by the county with the requirements of
state law relating to indigent defense. The task force may revise
the plan as necessary to improve monitoring of indigent defense
policies, standards, and procedures in this state.
(b) The Task Force on Indigent Defense shall annually submit
to the governor, lieutenant governor, speaker of the house of
representatives, and council and shall publish in written and
electronic form a report:
(1) containing the information forwarded to the task
force from the Office of Court Administration of the Texas Judicial
System under Section 71.0351(e); and
(2) regarding:
(A) the quality of legal representation provided
by counsel appointed to represent indigent defendants;
(B) current indigent defense practices in the
state as compared to state and national standards;
(C) efforts made by the task force to improve
indigent defense practices in the state; and
(D) recommendations made by the task force for
improving indigent defense practices in the state.
(c) The Task Force on Indigent Defense shall annually submit
to the Legislative Budget Board and council and shall publish in
written and electronic form a detailed report of all expenditures
made under this subchapter, including distributions under Section
71.062.
(d) The Task Force on Indigent Defense may issue other
reports relating to indigent defense as determined to be
appropriate by the task force.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.062. TECHNICAL SUPPORT; GRANTS. (a) The Task
Force on Indigent Defense shall:
(1) provide technical support to:
(A) assist counties in improving their indigent
defense systems; and
(B) promote compliance by counties with the
requirements of state law relating to indigent defense;
(2) direct the comptroller to distribute funds,
including grants, to counties to provide indigent defense services
in the county; and
(3) monitor each county that receives a grant and
enforce compliance by the county with the conditions of the grant,
including enforcement by directing the comptroller to:
(A) withdraw grant funds; or
(B) require reimbursement of grant funds by the
county.
(b) The Task Force on Indigent Defense shall direct the
comptroller to distribute funds as required by Subsection (a)(2)
based on a county's compliance with standards developed by the task
force and the county's demonstrated commitment to compliance with
the requirements of state law relating to indigent defense.
(c) The Task Force on Indigent Defense shall develop
policies to ensure that funds under Subsection (a)(2) are allocated
and distributed to counties in a fair manner.
(d) A county may not reduce the amount of funds provided for
indigent defense services in the county because of funds provided
by the Task Force on Indigent Defense under this section.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
§ 71.063. IMMUNITY FROM LIABILITY. The Task Force on
Indigent Defense or a member of the task force performing duties on
behalf of the task force is not liable for damages arising from an
act or omission within the scope of the duties of the task force.
Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.
