GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE F. COURT ADMINISTRATION

CHAPTER 71. TEXAS JUDICIAL COUNCIL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 71.001.  DEFINITIONS.  In this chapter:
(1)  "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, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch.
1408, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 906, Sec. 12, eff. Jan. 1, 2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 855, Sec. 1, eff. September 1, 2007.


SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch.
1408, Sec. 2, eff. Sept. 1, 1997.


Sec. 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, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 2,
Sec. 8.44(13), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1408, Sec. 3, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1328, Sec. 2, eff. June 21, 2003.


Sec. 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, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 2,
Sec. 8.44(14), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1408, Sec. 4, eff. Sept. 1, 1997.


Sec. 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, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch.
1408, Sec. 5, eff. Sept. 1, 1997.
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