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HB0177

Rules for Appointing Lawyers in Death Penalty and Incapacity Cases

Last scannedAug 24, 2026, 10:35 AM

In one sentence

This law sets new steps for courts to follow when a regional public defender cannot represent a defendant due to a conflict of interest, specifically in death penalty cases or incapacity proceedings.

Requires the Office of Criminal Conflict and Civil Regional Counsel to tell the court if they have a conflict or can no longer represent an indigent defendant facing the death penalty.
Allows courts to appoint a regional counsel office from a different area to take over the case if that new office agrees to accept it at their sole discretion.
Mandates that judges must hire private lawyers if no other regional counsel office is available or willing to handle the conflict in these specific cases.
Requires the Justice Administrative Commission (JAC) to pay for legal costs and services when an outside regional counsel takes a case, subject to legislative appropriation.
Asks appointed lawyers to submit proof of expenses and certify that costs are related to the specific case before receiving payment.

Indigent defendants in cases where the death penalty is being sought or who face incapacity proceedings.
The Office of Criminal Conflict and Civil Regional Counsel across different regions.
Judges and courts that appoint legal representation for these defendants.

Payment to lawyers depends on whether the legislature approves funding through an appropriation.
A different regional office can only take a case if its leader agrees to accept it at their own sole discretion.
The specific requirement for courts to appoint private counsel applies when no other regional counsel office is available or willing in death penalty and incapacity cases.

Plain language

Conflict of interest: A situation where a lawyer or office cannot fairly represent a client because their own interests clash with the client's needs, preventing them from continuing representation.
Indigent defendant: A person accused of a crime who does not have enough money to hire their own private lawyer and is entitled to court-appointed counsel.
Justice Administrative Commission (JAC): The state agency that administers funds designated for paying due process costs and services provided by regional counsel offices, subject to legislative appropriation.

Official record

Source attached

Offices of Criminal Conflict and Civil Regional Counsel

Official activity