Bill would create new agency to replace Task Force on Indigent Defense

The Texas House passed a bill April 21 that would create a new state agency in the judicial branch to replace the current Task Force on Indigent Defense. An identical bill in the Senate may die for lack of support from senators opposed to bigger government. House Bill 1754 and Senate Bill 170 propose creation of the Texas Indigent Defense Commission. Many things would remain the same as the task force — staff, function and funds — but there would be two important changes. Increased independence would allow the new agency to submit its own legislative appropriations requests and set policies without judicial oversight. “Just as we wouldn’t want the judges to set and control policy for prosecutors, it doesn’t make sense for them to be arguably in control of the defense process,” said Wesley Shackleford, the task force’s deputy director and special counsel. The Task Force on Indigent Defense is a committee of the Texas Judicial Council, the state judiciary’s policy-making body. Currently, task force funding funnels through the Office of Court Administration. OCA Administrative Director Carl Reynolds says, although he cares deeply about indigent defense, the main function of his office is to fund the judicial branch. He must weigh priorities when asking for money. “Someone like me shouldn’t be put in that position. They ought to be able to speak for their case, for more money on their own,” Reynolds says. Rep. Pete Gallego, D-Alpine, who introduced H.B. 1754, didn’t return a telephone message seeking comment. But S.B. 170 author Sen. Rodney Ellis, D-Houston, says his bill would build on the success of the Texas Fair Defense Act — a measure he helped pass in 2001. There’s a chance the proposal will die in the Senate. “Some of my colleagues are uneasy with the notion of creating another agency. Even though it’s no additional money,” Ellis says. “I’m still trying to get my votes, but the clock is ticking.”

-- Angela Morris

Comments

[Renato]

Steve:Part of governing is knniowg when to say, no, the Court has ruled, we are going to follow their rules. Miranda v. Arizona 384 U.S. 436 (1966) made it clear that when a accused criminal asks for an attorney, all questioning is over. What part of this decision does the government not understand, just because our heart are pure does not mean that we are above the decisions of the Supreme Court.I am tired of us bending over backwards to prosecutors and police. I recently left Atlanta, where over a year ago, the police in full SWAT gear busted into the house of a 92 year women whom presuming her home was being invaded shot at them only to be shot dead by the police. The aftermath was the snitch who gave the police the info was lying and the police were dirty. Not all prosecutors and police are not paragons of virtue just because they are "thin blue line" and their hearts are pure.The Obama administration needs to tell the prosecutors to stick it and if they don't like it quit and run for public office, after all they are political appointees. Hank Foresman

[Sam Martin]

Thanks for sharing this insight on the Texas bill that would create a new agency to replace the existing task force.it was really interesting to read.Keep posting such interesting posts on your blog site.