Tex.
Code of Crim. Proc. Article 26.047
Managed Assigned Counsel Program
(a)
In this article:(1)
“Governmental entity” has the meaning assigned by Article 26.044 (Public Defender’s Office).(2)
“Managed assigned counsel program” or “program” means a program operated with public funds:(A)
by a governmental entity, nonprofit corporation, or bar association under a written agreement with a governmental entity, other than an individual judge or court; and(B)
for the purpose of appointing counsel under Article 26.04 (Procedures for Appointing Counsel) of this code or Section 51.10 (Right to Assistance of Attorney; Compensation), Family Code.(b)
The commissioners court of any county, on written approval of a judge of the juvenile court of a county or a county court, statutory county court, or district court trying criminal cases in the county, may appoint a governmental entity, nonprofit corporation, or bar association to operate a managed assigned counsel program. The commissioners courts of two or more counties may enter into a written agreement to jointly appoint and fund a governmental entity, nonprofit corporation, or bar association to operate a managed assigned counsel program. In appointing an entity to operate a managed assigned counsel program under this subsection, the commissioners court shall specify or the commissioners courts shall jointly specify:(1)
the types of cases in which the program may appoint counsel under Article 26.04 (Procedures for Appointing Counsel) of this code or Section 51.10 (Right to Assistance of Attorney; Compensation), Family Code, and the courts in which the counsel appointed by the program may be required to appear; and(2)
the term of any agreement establishing a program and how the agreement may be terminated or renewed.(c)
The commissioners court or commissioners courts shall require a written plan of operation from an entity operating a program under this article. The plan of operation must include:(1)
a budget for the program, including salaries;(2)
a description of each personnel position, including the program’s director;(3)
the maximum allowable caseload for each attorney appointed by the program;(4)
provisions for training personnel of the program and attorneys appointed under the program;(5)
a description of anticipated overhead costs for the program;(6)
a policy regarding licensed investigators and expert witnesses used by attorneys appointed under the program;(7)
a policy to ensure that appointments are reasonably and impartially allocated among qualified attorneys; and(8)
a policy to ensure that an attorney appointed under the program does not accept appointment in a case that involves a conflict of interest for the attorney that has not been waived by all affected clients.(d)
A program under this article must have a director. Unless the program uses a review committee appointed under Subsection (e), a program under this article must be directed by a person who:(1)
is a member of the State Bar of Texas;(2)
has practiced law for at least three years; and(3)
has substantial experience in the practice of criminal law.(e)
The governmental entity, nonprofit corporation, or bar association operating the program may appoint a review committee of three or more individuals to approve attorneys for inclusion on the program’s public appointment list described by Subsection (f). Each member of the committee:(1)
must meet the requirements described by Subsection (d);(2)
may not be employed as a prosecutor; and(3)
may not be included on or apply for inclusion on the public appointment list described by Subsection (f).(f)
The program’s public appointment list from which an attorney is appointed must contain the names of qualified attorneys, each of whom:(1)
applies to be included on the list;(2)
meets any applicable requirements specified by the procedure for appointing counsel adopted under Article 26.04 (Procedures for Appointing Counsel)(a) and the Texas Indigent Defense Commission; and(3)
is approved by the program director or review committee, as applicable.(g)
A court may replace an attorney appointed by the program for the same reasons and in the same manner described by Article 26.04 (Procedures for Appointing Counsel)(k).(h)
A managed assigned counsel program is entitled to receive funds for personnel costs and expenses incurred in amounts fixed by the commissioners court and paid out of the appropriate county fund, or jointly fixed by the commissioners courts and proportionately paid out of each appropriate county fund if the program serves more than one county.(i)
A managed assigned counsel program may employ personnel and enter into contracts necessary to perform the program’s duties as specified by the commissioners court or commissioners courts under this article.
Source:
Article 26.047 — Managed Assigned Counsel Program, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.26.htm#26.047 (accessed Apr. 13, 2024).
