30 Aug 2022

TX Sup. Ct. Renews Emergency Order Regarding Indigent Defense (Operation Lone Star)

Supreme Court of Texas, Aug. 29, 2022Renewed Emergency Order Regarding Indigent Defense and the Border Security State of Disaster

"ORDERED that: 1. Governor Abbott has declared a state of disaster concerning border security in 53 counties in the State of Texas. This Order is issued pursuant to Section 22.0035(b) of the Texas Government Code. 2. The Renewed Emergency Order Regarding Indigent Defense and the Border Security State of Disaster (Misc. Dkt. No. 22-9044) is renewed. 3. To protect the constitutionally and statutorily guaranteed right to counsel of indigent criminal defendants, the following provisions of the Code of Criminal Procedure are modified in the counties affected by the state of disaster concerning border security (“affected counties”) for individuals arrested under Operation Lone Star launched by Governor Abbott on March 6, 2021, and who are brought before magistrates for proceedings under Article 15.17 in facilities designated by the Office of Court Administration (“OCA”) or detained in a Texas Department of Criminal Justice facility approved by the Texas Commission on Jail Standards to house Operation Lone Star detainees. ... 6. This Order is effective immediately and expires on November 1, 2022, unless extended by the Chief Justice of the Supreme Court. The affected counties should move swiftly to modify, consistent with this Order and TIDC guidance, any procedures necessary to provide for indigent defense in response to Operation Lone Star. An affected county may request to be exempted from this Order before it expires."