Fair Defense Act of 2001

projects_fairdefense_photo1sm

Texas Appleseed helped build a reform movement which ultimately resulted in passage of the Fair Defense Act in 2001. This law fundamentally changed the way that lawyers are appointed to represent poor people accused of a crime in Texas. It has been hailed by legal experts as the most important piece of indigent defense legislation in the country in the last quarter century.

Since the passage of the Fair Defense Act, indigent defendants in many Texas counties are now getting better-qualified attorneys appointed to their cases more quickly. In addition, many counties now appoint attorneys from a rotating list, instead of relying solely on judges's discretion—thereby removing the risk of favoritism and cronyism in those appointments. This work has formed the foundation of Texas Appleseed's ongoing efforts to provide better legal representation to juveniles and to persons with mental disabilities.

Latest News

June 2009 The U.S. Supreme Court issues a decision in Rothgery upholding indigents' right to counsel in a case lodged by the Texas Fair Defense Project.
Opinion

Project Timeline

2007 The Texas Court of Criminal Appeals issues a major decision supportive of the Fair Defense Act. The Court affirms that a criminal conviction must be reversed if an unrepresented defendant does not validly waive the right to appointed counsel. Texas Appleseed, represented by Casey Low with Andrews Kurth LLP, submitted an amicus brief in support of the respondent.
Opinion and Briefs filed by Texas Fair Defense Project and Texas Appleseed

March 2002 Texas Appleseed and The Equal Justice Center release a comprehensive study of 95 county plans describing adult indigent defense procedures in 80 counties. This study resulted in the first in a series of reports studying Fair Defense Act implementation.

November 2001 Texas Appleseed joins with the Equal Justice Center in releasing a guide for counties to use in drafting their mandated county indigent defense plans.

December 2000 Texas Appleseed releases its Fair Defense Report: Analysis of Indigent Defense Practices in Texas focusing on 23 Texas counties. The findings are sobering: in some parts of Texas, low-income defendants were languishing in jail for months before getting a court-appointed attorney and, in some cases, the appointed attorneys were grossly unqualified to handle these cases.