In Texas Do I Have a Choice In Who My Court Appointed Is? - Maybe!

Believe it or not Texas law allows a Judge to appoint almost any attorney for “Good Cause”. This means that the Judge has discretion.

In Texas a Defendant is not legally entitled to their choice of counsel but this does not mean that a Defendant cannot ask since the sitting Judge can still choose to honor Defendant’s request.

The higher courts have said that in deciding to appoint new or a particular attorney the Judge should consider 1) judicial administration, 2) the needs of the state and 3) the needs of the Defendant.

If it is early in the court proceedings such as the very first court hearing then it is reasonable to conclude that a Defendant asking for a particular court appointed attorney should not be an issue with the first two prongs as the case has just started winding its way through the court process and thus should have no effect on them. This in turn should be countered with the needs of the defendant who feels confident in a certain particular attorney. The scales should thus be based in favor in honoring the Defendant’s request at that point in court proceedings.

We can think of no valid reason other than politics or ensuring that all court appointed attorneys are “taken care of” for why an “elected” Texas Judge would not honor a Defendant’s request for a particular court appointed attorney early in the court process.

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