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Defendants in criminal proceedings have a constitutional right to be represented by an attorney. This right is established by the Sixth Amendment of the U.S. Constitution.
In Texas, a defendant's right to an attorney is written into Articles 1.05 and 1.051 of the Texas Code of Criminal Procedure. The law applies if:
If you can't afford an attorney, the court may appoint one for you. You'll likely qualify if:
You can also ask for a court-appointed attorney in some criminal appeals and habeas corpus proceedings.
Frequently asked questions about court appointed attorneys in criminal cases. Important information and resources about a defendant's right to an attorney in criminal cases. This article compares public defenders and private attorneys.A defense attorney is not assigned automatically. You will need to ask the court to appoint one for you. You'll need to fill out a written application and show evidence that you can't afford to pay for a lawyer.
It's recommended to ask for a court-appointed lawyer as soon as possible. You can ask for an application from the magistrate, jailer, court clerk, or judge.
This article explains some basic steps to take when asking for a court-appointed attorney in a criminal law case.
If you have not been able to request an appointed lawyer, or if you have tried to request a lawyer but have not received one, Texas Fair Defense Project may be able to assist.
Depending on the situation, you may be able to fire your court-appointed attorney. However, you may not get another court-appointed attorney, which can mean representing yourself in court. See Rule 1.15, Comment 5 of the Texas Disciplinary Rules of Professional Conduct for more information.
This guide can help you improve your communication with your appointed lawyer and, if it becomes necessary, shows how to ask the appropriate authority to consider replacing your lawyer with a different one.
Discusses requests to substitute a new lawyer for current appointed counsel.Petitions to remove or seal past criminal records don't qualify for a court-appointed attorney. Several legal aid organizations host free clinics to help with expunctions and nondisclosure orders. Free legal aid is usually reserved for low-income individuals.
This page from Texas Clean Slate Project lists upcoming local clinics that help with the expunction process and sealing other criminal records.
Information about expunctions and orders of nondisclosure in Texas.Minors between 10-17 years old who are accused of delinquent conduct are usually tried in juvenile courts. If the child does not have an attorney, the court will ask the parents to hire one for them. If the parents can't afford an attorney, the court will appoint them a public attorney. This law is in Texas Family Code Section 51.10.
Information about the right to a court-appointed attorney in juvenile cases. Pages 135-147 discuss the minor's right to a court-appointed attorney in juvenile courts.
According to p. 55, there is no right to a court-appointed attorney for juvenile defendants tried in Texas Justice of the Peace (JP) courts.
Most defendants in civil and family law cases don't have a right to a court-appointed attorney. The parties may hire an attorney at their own expense or apply for legal aid.
There are exceptions for some cases, usually involving children, disabilities, or involuntary commitment. Whether you have to pay for a court-appointed attorney will depend on the type of case and on your ability to pay. We list a number of Texas statutes that discuss court-appointed attorneys in civil lawsuits.
Sections 24.016 and 26.049 of the Texas Government Code also allow district and county courts to appoint attorneys at their discretion. Such appointments are usually reserved for exceptional circumstances.
A compilation of existing statutory provisions, case law, and court rules requiring or permitting judges to appoint counsel for civil litigants. This excerpt reflects Texas law through 2016.
The court will appoint an attorney to a minor who wants to get the court's permission to consent to an abortion without permission of the minor's parents.
The court may order the state to pay for the costs of an ad litem attorney or guardian appointed under Sect. 33.003.
The court will appoint an ad litem attorney to a child in a child custody suit filed by the Texas Department of Family and Protective Services (DFPS).
The court will appoint an ad-litem attorney to a parent who can't afford an attorney in a child custody suit filed by the Texas Department of Family and Protective Services (DFPS).
The county will pay for the court-appointed child's or parent's ad litem attorney if the parents show their inability to pay. This only applies if the lawsuit was brought by the Texas Department of Family and Protective Services (DFPS).
If the court finds it necessary, it may appoint an ad litem or an amicus attorney to a child in a custody suit filed by a private individual. This is done at the expense of the individuals, and there are no provisions for when they can't afford to pay.
The court may appoint an attorney to represent the person claiming a violation of an order involving child support, possession, or access. The fee may be charged to the person violating the order.
If there is a possibility of jail or imprisonment, the court may appoint an attorney to a defendant who can't afford an attorney in a lawsuit to enforce a child support order or to revoke community supervision.
Learn when and how you can get a lawyer to help you, what to (or not) expect your lawyer to do to help you bring home your child, and ways that you can help your lawyer.
This page from TexasLawHelp.org briefly explains the role of an attorney ad litem in a family law case.
These videos created for the foster youth community explain what lawyers must do for their clients.A defendant who can't afford an attorney has the right to a court-appointed attorney in any adversarial judicial proceeding that may result in jail or imprisonment.
If there is a possibility of jail or imprisonment, the court may appoint an attorney to a defendant who can't afford an attorney in a lawsuit to enforce a child support order or to revoke community supervision.
The court will appoint an attorney to represent a patient before the court can order the patient to be committed to a mental health care facility.
The court will appoint an attorney to represent a sex offender who can't afford an attorney in a civil proceeding before the defendant can be committed to a treatment and supervision program with the Texas Civil Commitment Office.
The court shall appoint an amicus attorney or attorney ad litem to represent the interest of the minor at an emancipation hearing.
If an eviction case is appealed in a county court or a county court at law, an indigent party may be able to ask the court to appoint them a pro bono attorney during the appeal. The court may appoint counsel from a list of available pro bono attorneys registered to take such cases pro bono.
The court will appoint an attorney to represent the ward in an appointment of guardianship proceeding.
The court will appoint an attorney to represent the ward in a modification of guardianship or a restoration of the ward's capacity proceeding.
The court will appoint an ad-litem attorney to a parent who can't afford an attorney in a child custody suit filed by the Texas Department of Family and Protective Services (DFPS).
The court may appoint an ad litem attorney to certain parties in a probate proceeding. The expense would be paid from the estate funds, by one of the parties, or from a person's court deposit.
In truancy cases, the court may appoint an attorney to represent the child if it is in the best interest of a child. The parents might be ordered to pay for the cost if they have sufficient financial resources.
