Tex.
Code of Crim. Proc. Article 26.051
Indigent Inmate Defense
(a)
In this article:(1)
“Board” means the Texas Board of Criminal Justice.(2)
“Correctional institutions division” means the correctional institutions division of the Texas Department of Criminal Justice.(b)
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 7, eff. September 1, 2007.(c)
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 7, eff. September 1, 2007.(d)
A court shall:(1)
notify the board if it determines that a defendant before the court is indigent and is an inmate charged with an offense committed while in the custody of the correctional institutions division or a correctional facility authorized by Section 495.001 (Authority to Contract), Government Code; and(2)
request that the board provide legal representation for the inmate.(e)
The board shall provide legal representation for inmates described by Subsection (d) of this section. The board may employ attorneys, support staff, and any other personnel required to provide legal representation for those inmates. All personnel employed under this article are directly responsible to the board in the performance of their duties. The board shall pay all fees and costs associated with providing legal representation for those inmates.(f)
Repealed by Acts 1993, 73rd Leg., ch. 988, Sec. 7.02, eff. Sept. 1, 1993.(g)
The court shall appoint an attorney other than an attorney provided by the board if the court determines for any of the following reasons that a conflict of interest could arise from the use of an attorney provided by the board under Subsection (e) of this article:(1)
the case involves more than one inmate and the representation of more than one inmate could impair the attorney’s effectiveness;(2)
the case is appealed and the court is satisfied that conflict of interest would prevent the presentation of a good faith allegation of ineffective assistance of counsel by a trial attorney provided by the board; or(3)
any conflict of interest exists under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas that precludes representation by an attorney appointed by the board.(h)
When the court appoints an attorney other than an attorney provided by the board:(1)
except as otherwise provided by this article, the inmate’s legal defense is subject to Articles 1.051 (Right to Representation by Counsel), 26.04 (Procedures for Appointing Counsel), 26.05 (Compensation of Counsel Appointed to Defend), and 26.052 (Appointment of Counsel in Death Penalty Case; Reimbursement of Investigative Expenses), as applicable; and(2)
the county in which a facility of the correctional institutions division or a correctional facility authorized by Section 495.001 (Authority to Contract), Government Code, is located shall pay from its general fund the total costs of the aggregate amount allowed and awarded by the court for attorney compensation and expenses under Article 26.05 (Compensation of Counsel Appointed to Defend) or 26.052 (Appointment of Counsel in Death Penalty Case; Reimbursement of Investigative Expenses), as applicable.(i)
The state shall reimburse a county for attorney compensation and expenses awarded under Subsection (h). A court seeking reimbursement for a county shall certify to the comptroller of public accounts the amount of compensation and expenses for which the county is entitled to be reimbursed under this article. Not later than the 60th day after the date the comptroller receives from the court the request for reimbursement, the comptroller shall issue a warrant to the county in the amount certified by the court.
Source:
Article 26.051 — Indigent Inmate Defense, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.26.htm#26.051 (accessed Jun. 5, 2024).
