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Current as of January 01, 2024 | Updated by Findlaw Staff
A. The appointing authority will appoint an attorney whose name is among the list of the contract defender program assigned in that specific District Court, unless the appointing authority makes a finding of good cause for appointing an attorney out of order. Good cause may include:
1. The defendant requesting counsel does not understand English, in which case the judge will appoint a Special Language attorney whose name is among the list of the contract defender program assigned in that specific District Court.
2. The defendant has an attorney already appointed on a prior pending matter. The same attorney will be appointed to the new matter.
B. Once appointed, the attorney's name will be moved to the bottom of the appointment list, An attorney who is not appointed in the order in which the attorney's name appears on the list shall remain next in order on the list.
C. If the appointing authority is a Court which has adopted a contract defender program, the appropriate appointment list shall be constituted by those attorneys who are contract defenders in that court.
D. When an attorney is appointed to a case where he/she is not assigned to the respective court, the attorney may withdraw from the case. The case where the attorney is withdrawing shall not count towards his/her 95 defendants. A new attorney from the appropriate appointment list shall be appointed.
E. Duties of Appointed Counsel--Appointed Counsel shall:
1. Make every reasonable effort to contact the defendant by the end of the first working day after the date on which the attorney is appointed and to interview the defendant as soon as practicable after the attorney is appointed.
2. Represent a defendant until the charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is relieved of his duties by the Court or replaced by other counsel after a finding of good cause is entered on the record.
3. Perform the attorney's duty owed to the defendant in accordance with these procedures, the State Bar of Texas Performance Guidelines of Non-Capital Criminal Defense Representation, the requirements of the Code of Criminal Procedure, and applicable rules of ethics.
4. Manage attorney's workload to allow for the provision of quality representation and the execution of the responsibilities listed in these rules in every case.
F. Restrictions
1. Attorneys may not accept overlapping contract appointments.
2. The OCA Director shall present monthly reports on overall attorney caseload to the judges trying criminal cases as a measure to keep attorney appointments within the guidelines established by the Texas Indigent Defense Commission.
Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R MONTGOMERY CTY INDIG DEF Selection Process Attorney Selection Process - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-montgomery-cty-indig-def-selection-process/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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