This is the best article we have seen so far reporting on the 200th execution under Rick Perry. “200 Executions and Counting: Texas Gov. Rick Perry’s Cruel Death Tally” by Liliana Segura mentions several controversial executions under Perry, including those of Napoleon Beazley, Frances Newton and Todd Willingham.

Excerpt:

Examining Perry’s long execution record, a number of cases stand out.

There was Napolean Beazely, one of the last juvenile offenders executed in the United States, who was put to death in 2002. Beazely was 17 years old, an honor student, football star, and senior class president with no prior criminal record when he fatally shot 63-year-old John Luttig, the father of a federal judge, in what was described as an attempted hijacking. By all accounts a model prisoner during his eight years on death row, Beazley admitted his guilt and repeatedly expressed his remorse for the crime:

“I knew it was wrong,” he told a packed courtroom at his sentencing hearing. “I know it is wrong now. I’ve been trying to make up for it ever since that moment. I’ve apologized ever since that moment, not just through words, but through my acts…. It’s my fault. I violated the law. I violated this city, and I violated a family — all to satisfy my own misguided emotions. I’m sorry. I wish I had a second chance to make up for it, but I don’t.”

A number of unlikely advocates tried to save Beazely’s life. According to the American Bar Association, “even Cindy Garner, the District Attorney from Napoleon’s home county (Houston County), testified at the sentencing hearing on Napoleon’s behalf. While she has been a strong proponent of the death penalty, she continues to maintain that the death penalty is inappropriate in Napoleon’s case.” Another unlikely ally was his trial judge, Cynthia Kent, who wrote to Gov. Rick Perry asking him to commute his sentence to life in prison, a request that fell on deaf ears.

In August 2001, the Supreme Court denied Beazely a stay of execution. In an unusual move, three of the justices — Justices Antonin Scalia, Clarence Thomas and David Souter — recused themselves because they had personal relationships with the victim’s son.

Beazely was executed on May 28, 2002. “Tonight we tell the world that there are no second chances in the eyes of justice,” he said before being injected with lethal chemicals. “Tonight, we tell our children that in some instances, in some cases, killing is right.”

Three years later, in the landmark case Roper v. Simmons, the U.S. Supreme Court ruled it unconstitutional to execute prisoners who committed their crimes before the age of 18, commuting all such death sentences to life.

“Maybe this man was innocent”: The Case of Cameron Todd Willingham

Napolean Beazely may have been guilty of the crime for which he was executed. But others have almost certainly not been.

Cameron Todd Willingham was executed on February 17, 2004 for setting fire to his own one-story home, a blaze that killed his three young daughters (one-year-old twins and their two-year-old sister). Willingham was convicted and sent to death row on a hastily executed arson investigation and jurors’ suspicion over the fact that he managed to escape the fire himself. But he maintained his innocence for years, right until he was strapped to the gurney. “I am an innocent man, convicted of a crime I did not commit,” he said in his final statement. “I have been persecuted for 12 years for something I did not do.”

Ten months later, on December 9, 2004, the Chicago Tribune published an investigative article that cast serious doubt on Willingham’s guilt.

“While Texas authorities dismissed his protests, a Tribune investigation of his case shows that Willingham was prosecuted and convicted based primarily on arson theories that have since been repudiated by scientific advances,” wrote staff reporters Steve Mills and Maurice Possley.

“According to four fire experts consulted by the Tribune, the original investigation was flawed and it is even possible the fire was accidental.”

Among the experts was Louisiana fire chief Kendall Ryland, who said it “made me sick to think this guy was executed based on this investigation. … They executed this guy and they’ve just got no idea — at least not scientifically — if he set the fire, or if the fire was even intentionally set.”

“Did anybody know about this prior to his execution?” asked one of the jurors who sent him to die, Dorinda Brokofsky. “Now I will have to live with this for the rest of my life. Maybe this man was innocent.”

The Willingham case “should shake the confidence of any Texan,” says Scott Cobb of the Texas Moratorium Network. ” … The risk of executing an innocent person is very real in Texas because of the pace of executions, exemplified by Perry’s record of 200. When you are executing that many people, the possibility of making a mistake is increased and that is likely what happened in the Willingham case.”

To read the rest of the article, go to 200 Executions and Counting: Texas Gov. Rick Perry’s Cruel Death Tally

Texas Death Penalty Abolition Movement

C/O S.H.A.P.E. Community Center

3815 Live Oak, Houston, TX 77008

713-503-2633 / Abolition.Movement@hotmail.com

www.protest200executions.com

PRESS ADVISORY

Monday, June 2, 2009

Contact: Gloria Rubac,

713-503-2633, Abolition.Movement@hotmail.com

Press Conference and Demonstrations to Condemn the 200^th

Execution to be Carried Out Under Gov. Rick Perry

A press conference will be held at 5:00 pm on Tuesday, June 2, at Houston’s Old Hanging Tree, corner of Bagby and Capitol. At 6:00 pm Texas plans to execute Terry Hankins, marking the 200^th time an execution will be carried out under Governor Rick Perry. Protests are being organized around Texas and as well as in several other countries.

Since he became governor of Texas in December of 2000, Perry has allowed more executions to proceed than any other governor in U.S. history. The previous record was 152 executions carried out under the rule of former Texas Governor George W. Bush.

In Texas demonstrations will be carried out in Austin, Huntsville and Houston. Other demonstrations will be held in Albuquerque; Paris, France; Leipzig, Germany, Brussels, Belgium, and Montreal, Canada.

In Houston, activists will gather at “The Old Hanging Tree” located at the former site of a county courthouse. This 400-year-old oak tree was likely the site of lynchings in the 1800’s and is now a recognized historic site by the City of Houston. In Huntsville, the protest will be held outside of the death house, the Walls Unit, where the execution will be carried out. In Austin, a demonstration will be held at the Texas Capitol.

In Paris, there will be a protest June 3 on the Place de la Concorde, Tuileries/US Consulate side from 6pm to 7pm. In Leipzig, Germany, activists organized by Amnesty International will place 200 white paper crosses and 200 candles outside the US Consulate on June 2. Leipzig is a sister city of Houston. In Brussels, Belgium, protesters with banners will be in front of the US Embassy between 6:00 and 7:00 pm. In Montreal there will be a Die-In organized by Amnesty International where the 200 executions will be reenacted.

Texas leads the country in the number of executions with 438, sixteen of them carried out this year, 2009. The second state is Virginia with 103. Texas has carried out over one third of the 1,165 U.S. executions since 1976.

“Texas’ record number of executions has outraged people not just in the U.S. but around the world. Perry has become the focus of this anger and we are glad that our international allies will join us in protesting his 200^th legal lynching,” said Njeri Shakur, an organizer with the Texas Death Penalty Abolition Movement.

The protests are being organized by activists with the Texas Moratorium Network, the Campaign to End the Death Penalty, Texas Students Against the Death Penalty, and the Texas Death Penalty Abolition Movement.

On June 2, 2009, the 200th execution under Texas Governor Rick Perry is scheduled to take place. There are protests planned in the U.S., Canada and Europe (see the list below). Since he became governor of Texas in December 2000, Perry has allowed more executions to proceed than any other governor in U.S. history.

The Texas anti-death penalty community asks people around the world to focus your attention on Texas and join us in protesting the 200th execution carried out under Rick Perry. Altogether, Texas has executed 438 people since 1982, including 152 under former Texas Governor George W. Bush.

One execution under Perry that should shake the confidence in the death penalty of any Texan is the case of Todd Willingham, who was executed in 2004. He proclaimed from the time of his arrest until he was strapped onto the gurney that he was innocent of the arson/murders for which he was executed. A group of national fire experts have concluded based on a reexamination of the evidence using modern scientific knowledge of forensic science and burn patterns that the fire that sent him to death row was not deliberately set, but was an accident. The Texas Forensic Science Commission is currently examining the case. The risk of executing an innocent person is very real in Texas because of the pace of executions, exemplified by Perry’s record of 200.

Join our online community to protest the 200th execution.

The AP reports:

Hankins, 34, was set to die Tuesday evening for the 2001 slayings of Kevin Galley, 12, and Ashley Mason, 11, children of his estranged wife, 34-year-old Tammy Hankins. All three were gunned down inside their mobile home in Mansfield, about 20 miles southeast of Fort Worth.

He would be the 16th prisoner executed this year in the nation’s busiest capital punishment state.

His appeals were exhausted and no last-minute attempts to delay the lethal injection were expected, William Harris, Hankins’ attorney, said.

“I don’t have anything I can think of in this case that stands any kind of chance of doing any good,” Harris said.

Hankins declined to speak with reporters from death row.

“What else is there to say?” Harris said. “I think he regrets what he did but I also think he’s fatalistic about the fact he can’t change it.

Protest locations include Austin at the Texas Capitol (Organized by Campaign to End the Death Penalty), Huntsville outside The Walls Unit (Organized by Texas Moratorium Network), downtown Houston (Organized by Texas Death Penalty Abolition Movement), Albuquerque, New Mexico (May 30), Paris France (June 3) at the Place de la Concorde, Brussels Belgium, Leipzig Germany at the U.S. Embassy and Montreal Canada. Unless noted, protests will occur on June 2. More protests will be announced as they are confirmed. Some of the locations will include a reading of the names of the people executed under Rick Perry. Times and locations are available on the website http://abolishtexasdeathpenalty.ning.com/events.

The 200th execution protests are sponsored by Texas Moratorium Network, Texas Death Penalty Abolition Movement, Campaign to End the Death Penalty – Austin, Students Against the Death Penalty, Texas Death Penalty Education and Resource Center, Abolish the Death Penalty Project on Amazee, the DP Coordination Team of Amnesty International Canada Francophone and Amnesty International – Leipzig. If your organization would also like to be a sponsor, email us atadmin@texasmoratorium.org or call 512-961-6389.

Join our online community to protest the 200th execution.

How you can protest the 200th execution under Texas Governor Rick Perry

1) On the day of the 200th execution, call Governor Perry at 512-463-1782 and tell him your opinion on the death penalty. If you live in the U.S., you can use his the form on his website to email him. We suggest you both call him and email him. If you live outside the U.S., you can fax him at(512) 463-1849 or send him a letter in the postal mail.

2) Attend a protest in your city either on the day of the 200th execution or sometime before. If a protest is not scheduled, you can organize a protest. If you live outside the U.S., organize a protest at the nearest U.S. Embassy or Consulate. Send us a photo or video of your protest by emailand we will post it on this website and on YouTube. Or you can upload your photos and videos yourself to our social networking site or directly to our group on YouTube. If your organization is planning a protest, please let us know so that we can list your protest on this site.

3) Sign the petition and add your name to the list of people who are raising their voices to protest the 200th execution under Texas Governor Rick Perry.

4) Donate a symbolic 200 cents towards helping us organize against the Texas death penalty. That is one penny for every execution under Rick Perry. We are asking everyone to donate $2, which is the equivalent of 200 pennies. You are welcome to donate more if you can afford it, but everyone can afford to donate $2.

The artwork at www.protest200executions.com is by German artist Jasmin Hilmer represents the isolation of Texas in the world community. While most of the rest of the world, including all of Europe, have turned their backs on the use of capital punishment, Texas continues to execute people at a shocking rate.

Houston Protest of the 200th Execution

In Houston, the 200th legal lynching protest will be held from 5:00 until 6:30 under The Old Hanging Tree, corner of Bagby and Capitol downtown. Guest speaker is the borther of Albert Woodfox, one of the Angola Three!

A press conference will be held at 5:00.

Following the press conference, there will be an open mic so all can register their outrage at another day of infamy for the state of Texas in its quest for executions.

If your organization would like to co-sponsor this protest in Houston, contact the Abolition Movement at: Abolition.Movement@hotmail.com

Time: June 2, 2009 from 5pm to 6:30pm Location: The Old Hanging Tree
Street: Bagby and Capitol
City: Houston

Organized By: Texas Death Penalty Abolition Movement

Contact: Abolition.Movement@hotmail.com

The Austin protest of the 200th execution will be at 5:30 PM on the day of the 200th execution at the sidewalk in front of the Texas Capitol facing South on Congress and 11th Street.

Organized by Campaign to End the Death Penalty

Contact: lilymae30@hotmail.com

More details coming soon.

An organizing meeting for the Austin protest of the 200th execution will be held Wednesday, May 27th at 7 PM at Double Dave’s pizza located at:
3000 Duval Street in Austin.

Everyone is welcome.

Time: June 2, 2009 from 5pm to 6:30pm
Location: The Walls Unit
Street: 12th Street and Avenue I
City/Town: Huntsville, Texas
Contact: Sarah Hannah (979) 450-2179 or Scott Cobb (512-552-4743)

There will be a protest of the 200th execution under Governor Rick Perry on the Place de la Concorde, Tuileries/US Consulate side from 6pm to 7pm.

“Nous vous invitions à soutenir les efforts du mouvement abolitionniste au Texas en participant à une protestation le mercredi 3 juin à 18h, Place de la Concorde. Nous vous encourageons par ailleurs à manifester votre désapprobation en écrivant directement à l’Ambassadeur des Etats-Unis en France, Mr. Craig Stapleton, Ambassade des Etats-Unis, 2 avenue Gabriel, 75832 Paris Cédex 08; ainsi qu’à notre Secrétaire d’Etat Chargée des Affaires Etrangères et des Droits de l’Homme, Madame Rama Yade, 37 quai d’Orsay, 75351 Paris.

Rendez-vous le 3 juin 2009 à 18h Place de la Concorde à Paris.”

Contact Sandrine Ageorges at sandrine.ageorges@gmail.com.

There will be a protest of the 200th execution under Governor Rick Perry outside the US Consulate in Leipzig Germany. Leipzig is a sister city of Houston, Texas.

When the old East Germany conducted executions, they held the executions in Leipzig, although at the time it was not widely if at all known.

Time: June 2, 2009 from 5pm to 6pm
Location: U.S. Consulate
Street: Wilhelm-Seyfferth- Straße 4
City/Town: Leipzig, Germany
Organized By: Amnesty International – Leipzig
Contact: Paula J. Herwigat: ai_paula@yahoo.de

Protest the 200th Texas Execution under Gov. Rick Perry! Bring your own signs if you have some! We can also stay for the Peace Protest afterwards!

New Mexico recently abolished the death penalty. On May 30, people in New Mexico will hold a protest of the 200th execution under Rick Perry of Texas.

Date and Time: May 30, 2009 from 12pm to 1pm Location: Albuquerque, New Mexico
Street: Central Ave and Tulane Dr
Contact: Christy Armell at: christy_n_haylie505@yahoo.com

Brussels, Belgium Protest at U.S. Embassy

Between 6 p.m. and 7 p.m. on June 2 protesters will be standing in front of the US Embassy in Brussels, Belgium with banners protesting the 200th execution under Texas Governor Rick Perry.

US Embassy Regentlaan 27
Brussels, 1000
Belgium

Montreal, Canada Protest of the 200th Execution
Protest City	Montreal
Protest Description
Die-In to Protest Rick Perry’s 200th Execution The DP Coordination Team of Amnesty International Canada Francophone invites the public, organizations and its members to participate in a die-in. When : June 2nd @ 5:30PM Where : Ste-Catherine St., between Berri and St-Denis Streets (just off Berri-UQAM subway station) This die-in is held for those wishing to express a strong message in favor of abolishing the death penalty in the State of Texas. The re-enactment will represent the 200 executions pronounced by the Governor of Texas, Rick Perry, since the beginning of his governorship in 2001, when he replaced George W. Bush. We ask people to dress soberly; preferably all dressed in black. For more information, please contact pdm.coordination@amnistie.ca or visit www.amnistie.ca/pdm. La Coordination pour l’Abolition de la peine de mort d’Amnistie internationale Canada francophone invite le public, les organisations et ses sympathisants à participer à un “die-in”. Quand : Le 2 juin prochain à partir de 17h30 Où : Sur la rue Ste-Catherine, entre les rues Berri et St-Denis (à deux pas de la Station Berri-UQAM) Ce “die-in” s’adresse à ceux et celles qui souhaitent exprimer un message en faveur de l’abolition de la peine de mort dans l’État du Texas. La mise en scène représentera les 200 exécutions prononcées par le Gouverneur du Texas, Rick Perry, depuis le début de son mandat en 2001, alors qu’il a succédé à George W. Bush. Le mot d’ordre du rassemblement est la sobriété ; il sera préférable d’être habillé tout de noir. Pour davantage d’informations, contactez pdm.coordination@amnistie.ca.
Begin Date	June 2, 2009
Begin Time	5:30:00 PM
End Date	June 2, 2009
End Time	6:30:00 PM
Location of the protest (if you already know the exact location)	Berri-UQAM Ste-Catherine St, between St-Denis and Berri Streets Montreal, Quebec Canada
Public Contact Information	pdm.coordination@amnistie.ca 514-962-5650 www.amnistie.ca/pdm

Between 6 p.m. and 7 p.m. on June 2 protesters will be standing in front of the US Embassy in Brussels, Belgium with banners protesting the 200th execution under Texas Governor Rick Perry.

US Embassy Regentlaan 27
Brussels, 1000
Belgium

SB 1091, relating to the establishment of the capital writs committee and the office of capital writs and to the appointment and compensation of certain counsel for indigent defendants in a capital case, has been passed by both the House and Senate and will soon head to the governor for him to sign.

From the bill analysis:

BILL ANALYSIS

C.S.S.B. 1091
By: Ellis
Criminal Jurisprudence
Committee Report (Substituted)

BACKGROUND AND PURPOSE

Extensive studies, research by the Texas State Bar, and investigative news reports, have revealed pervasive flaws in the quality of legal representation for indigent defendants in the state habeas system. For example, a review of the state habeas cases decided between 1995 and 2002 revealed that one out of three death row inmates face execution without having their case properly investigated by a competent attorney.

Research by the Texas State Bar has revealed troubling recurring flaws that undermine the integrity of Texas’ capital port-conviction process.

This lack of quality legal representation is a result of how Texas appoints attorneys to represent indigent defendants in state habeas cases, and the lack of regulations on attorneys eligible to be appointed to these cases. Under current Texas law, attorneys in capital habeas cases are appointed by the district court from a statewide list of eligible lawyers maintained by the Texas Court of Criminal Appeals. Because the Court of Criminal Appeals has interpreted Article 11.071, Code of Criminal Procedure, reference to “competent” counsel as related to only the qualifications of the lawyer prior to appointment, the performance of Texas capital habeas lawyers is neither regulated nor monitored by any court or governmental agency. Thus, if the habeas representation amounts to the functional equivalent of a lawyer sleeping through trial, the lawyer is nonetheless reappointed to more cases and the death-sentence inmate has no remedy or recourse.

The list of lawyers appointed to habeas cases has been, and remains, populated by lawyers who are clearly unqualified, including: lawyers who were serving probated suspensions from the practice of law for neglecting their clients; lawyers with no capital experience; lawyers with no habeas corpus experience; lawyers with mental illness; lawyers who abandoned their death-sentenced clients and waived all federal review of the case because the federal statute of limitations expired (including one lawyer who joined the prosecutor’s office and never informer her client); and lawyers who filed write with no cognizable claims (including lawyers who filed verbatim copies of the inmate’s direct appeal brief and even lawyers who were deceased).

Despite these failures to provide adequate legal representation, there are no consequences for the attorneys who perform incompetently. They are not removed from the list of those eligible to take these cases and the disciplinary committee of the State Bar does not feel it can adequately police attorney performance in these complicated cases. Instead, the same lawyers providing inadequate representation are reappointed in case after case.

When lawyers failed to understand the nature of habeas proceedings, fail to carry out their statutorily mandates duty to thoroughly investigate the cases, or otherwise fail to represent their clients, death sentences are unreliable because mistakes are not caught and corrected. A 2002 study revealed that lawyers failed to investigate and present non-record evidence in 39 percent of Texas capital habeas cases. To put it starkly: if six of the Texas death row prisoners who were exonerated and releases went through the current system, at least two would have been processed through and executed without investigation into their cases and there would be no outward indication of the miscarriage of justice.

Providing adequate legal representation is especially important in habeas proceedings, because state habeas represents the most critical stage of the appellate process in death penalty cases: it is the “safety net” designed to catch the innocent and those treated unfairly by the system. Habeas proceedings area prisoner’s only opportunity to raise claims of prosecutorial misconduct, ineffective assistance of trial counsel, or present evidence not developed or discovered during trial, including new evidence of innocence.

Not only are state habeas proceedings the appropriate forum for submitting new evidence, they are—in all but the rarest of circumstances—a prisoner’s final opportunity to do so. If a claim for relief is not presented in state habeas, it cannot be considered by the federal courts except in extraordinary circumstances—even when, the claim is clearly meritorious and undermines all confidence in the outcome of the trial. Any omissions by habeas counsel permanently foreclose both state and federal review of any issues or facts overlooked by counsel.

Under current law, attorneys in capital habeas corpus cases are appointed by the district court from a statewide list of eligible lawyers maintained by the Texas Court of Criminal Appeals.

C.S.S.B. 1091 creates a Capital Writs Committee and an Office of Capital Writs.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Court of Criminal Appeals is rescinded in SECTION 10 (Article 11.071, Code of Criminal Procedure) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subtitle F, Title 2, Government Code, by adding Chapter 78, as follows:

CHAPTER 78. CAPITAL WRITS COMMITTEE AND OFFICE OF CAPITAL WRITS

SUBCHAPTER A. CAPITAL WRITS COMMITTEE

Sec. 78.001. DEFINITIONS. Defines “committee” and “office of capital writs.”

Sec. 78.002. ESTABLISHMENT OF COMMITTEE; DUTIES. (a) Establishes the capital writs committee (committee).

(b) Requires the committee to recommend to the Court of Criminal Appeals, as provided by Section 78.004, a director for the office of capital writs when a vacancy exists for that position.

Sec. 78.003. APPOINTMENT AND COMPOSITION OF COMMITTEE. (a) Sets forth the composition and manner of appointment of the committee.

(b) Requires the committee to elect one member of the committee to serve as the presiding officer of the committee.

(c) Provides that the committee members serve at the pleasure of the president of the State Bar of Texas (State Bar), and the committee meets at the calling of the presiding officer of the committee.

Sec. 78.004. RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF OFFICE OF CAPITAL WRITS. (a) Requires the committee to submit to the Court of Criminal Appeals, in order of the committee’s preference, a list of the names of not more than five persons the committee recommends that the court consider in appointing the director of the office of capital writs when a vacancy exists for the position of director. Requires the committee, if the committee finds that three or more persons under the committee’s consideration are qualified to serve as the director of the office of capital writs, to include at least three names in the list submitted under this subsection.

(b) Provides that each person recommended to the Court of Criminal Appeals by the committee under Subsection (a) is required to exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases, as described by the Guidelines and Standards for Texas Capital Counsel, as published by the State Bar, and is prohibited from having been found by a state or federal court to have rendered ineffective assistance of counsel during the trial or appeal of a death penalty case.

(c) Requires the Court of Criminal Appeals, when a vacancy for the position exists, to appoint from the list of individuals submitted to the court under Subsection (a) the director of the office of capital writs.

[Reserves Sections 78.005-78.050 for expansion.]

SUBCHAPTER B. OFFICE OF CAPITAL WRITS

Sec. 78.051. DEFINITIONS. Defines “committee” and “office.”

Sec. 78.052. ESTABLISHMENT; FUNDING. (a) Establishes the office of capital writs (office) and provides that the office operates under the direction and supervision of the director of the office.

(b) Requires that the office receive funds for personnel costs and expenses as specified in the General Appropriations Act and from the fair defense account under Section 71.058 (Fair Defense Account), in an amount sufficient to cover personnel costs and expenses not covered by appropriations described by Subdivision (1).

Sec. 78.053. DIRECTOR; STAFF. (a) Requires the Court of Criminal Appeals to appoint a director to direct and supervise the operation of the office. Provides that the director serves a four-year term and continues to serve until a successor has been appointed and qualified. Authorizes the Court of Criminal Appeals to remove the director only for good cause. Authorizes the director to be reappointed for a second or subsequent term.

(b) Requires the director to employ attorneys and employ or retain licensed investigators and other personnel necessary to perform the duties of the office.

(c) Prohibits the director and any attorney employed by the office from engaging in the private practice of criminal law or accepting anything of value not authorized by law for services rendered under this subchapter.

Sec. 78.054. POWERS AND DUTIES. (a) Prohibits the office from accepting an appointment under Article 11.071 (Procedure in Death Penalty Case), Code of Criminal Procedure, if a conflict of interest exists, the office has insufficient resources to provide adequate representation for the defendant, the office is incapable of providing representation for the defendant in accordance with the rules of professional conduct, or other good cause is shown for not accepting the appointment.

(b) Prohibits the office from representing a defendant in a federal habeas review. Prohibits the office from representing a defendant in an action or proceeding in state court other than an action or proceeding that is conducted under Article 11.071, Code of Criminal Procedure, is collateral to the preparation of an application under Article 11.071, Code of Criminal Procedure, or concerns any other post-conviction matter in a death penalty case other than a direct appeal, including an action or proceeding under Article 46.05 (Competency to be Executed) or Chapter 64 (Motion for Forensic DNA Testing), Code of Criminal Procedure.

(c) Authorizes the office, notwithstanding Article 26.04(p) (relating to an indigent defendant), Code of Criminal Procedure, to independently investigate the financial condition of any individual the office is appointed to represent. Requires the office to report the results of the investigation to the appointing judge. Authorizes the judge to hold a hearing to determine if the individual is indigent and entitled to representation under this section.

Sec. 78.055. COMPENSATION OF OTHER APPOINTED ATTORNEYS. Requires that, if it is necessary that an attorney other than an attorney employed by the office be appointed, that attorney be compensated as provided by Articles 11.071 and 26.05 (Compensation of Counsel Appointed to Defend), Code of Criminal Procedure.

Sec. 78.056. APPOINTMENT LIST. (a) Requires the presiding judges of the administrative judicial regions to maintain a statewide list of competent counsel available for appointment under Section 2(f) (relating to a requirement of compensation for an appointed attorney), Article 11.071, Code of Criminal Procedure, if the office does not accept or is prohibited from accepting an appointment under Section 78.054. Requires each attorney on the list to exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases, as described by the Guidelines and Standards for Texas Capital Counsel, as published by the State Bar.

(b) Requires the Office of Court Administration of the Texas Judicial System and the Task Force on Indigent Defense to provide administrative support necessary under this section.

SECTION 2. Amends Sections 2(b), (c), (e), and (f), Article 11.071, Code of Criminal Procedure, as follows:

(b) Requires the court, if a defendant desires appointment of counsel for the purpose of a writ of habeas corpus, to appoint the office to represent the defendant as provided by Subsection (c).

(c) Requires the convicting court, at the earliest practical time, but in no event later than 30 days after the convicting court makes the findings required under Subsections (a) and (b), to appoint the office or, if the office does not accept or is prohibited from accepting an appointment under Section 78.054, Government Code, other competent counsel under Subsection (f), unless the applicant elects to proceed pro se or is represented by retained counsel.

(e) Requires an attorney appointed under this section to represent the applicant, under certain circumstances, if the Court of Criminal Appeals denies an applicant relief under this article, to, within certain time frames, move for the appointment of other counsel under 21 U.S.C. Section 848(q) or equivalent position, rather than move to be appointed as counsel or, if necessary, move for the appointment of other counsel under 21 U.S.C. Section 848(q) or equivalent provision.

(f) Requires the convicting court, if the office does not accept or is prohibited from accepting an appointment under Section 78.054, Government Code, to appoint counsel from a list of competent counsel maintained by the presiding judges of the administrative judicial regions under Section 78.056, Government Code. Requires the convicting court to reasonably compensate as provided by Section 2A an attorney appointed under this section, other than an attorney employed by the office regardless of whether the attorney appointed by the convicting court or was appointed by the court of criminal appeals under prior law. Requires an attorney appointed under this section who is employed by the office to be compensated in accordance with Subchapter B, Chapter 78, Government Code. Makes a nonsubstantive change.

SECTION 3. Amends Section 2A(a), Article 11.071, Code of Criminal Procedure, to require the state to reimburse a county for compensation of counsel under Section 2, other than for compensation of counsel employed by the office, and for payment of expenses under Section 3, regardless of whether counsel is employed by the office.

SECTION 4. Amends Section 3, Article 11.071, Code of Criminal Procedure, by adding Subsection (f), to provide that this section applies to counsel’s investigation of the factual and legal grounds for the filing of an application for a writ of habeas corpus, regardless of whether counsel is employed by the office.

SECTION 5. Amends Section 4A(e) and (f), Article 11.071, Code of Criminal Procedure, as follows:

(e) Provides that Sections 2A and 3 apply to compensation and reimbursement of counsel appointed under Subsection (b)(3) in the same manner as if counsel had been appointed by the convicting court, unless the attorney is employed by the office, in which case the compensation of that attorney is governed by Subchapter B, Chapter 78, Government Code.

(f) Provides that Section 2A applies to the compensation and payment of expenses of counsel appointed by the court of criminal appeals under this subsection, unless the attorney is employed by the office, in which case the compensation of that attorney is governed by Subchapter B, Chapter 78, Government Code.

SECTION 6. Amends Article 26.04(b), Code of Criminal Procedure, to require that procedures adopted under Subsection (a) require that appointments for defendants in capital cases in which the death penalty is sought comply with any applicable requirements under Articles 11.071 and 26.052, rather than the requirements under Article 26.052.

SECTION 7. Amends Article 26.044(a), Code of Criminal Procedure, to define “office of capital writs.”

SECTION 8. Amends Article 26.044, Code of Criminal Procedure, by adding Subsection (n), to authorize an attorney employed by a public defender’s office to be appointed with respect to an application for a writ of habeas corpus only if an attorney employed by the office is not appointed in the case and the attorney employed by the public defender’s office is on the list of competent counsel maintained under Section 78.056, Government Code.

SECTION 9. Amends Article 26.05(a), Code of Criminal Procedure, to require a counsel, other than an attorney employed by the office, appointed to represent a defendant in a criminal proceeding, to be paid a reasonable attorney’s fee for performing certain services.

SECTION 10. Amends Section 71.058, Government Code, as follows:

Sec. 71.058. FAIR DEFENSE ACCOUNT. Provides that the fair defense account is an account in the general revenue fund that is authorized to be appropriated only to the Task Force on Indigent Defense for the purpose of implementing this subchapter and the office for the purpose of implementing Subchapter B, Chapter 78.

SECTION 11. Repealer: Section 2(d) (relating to the court of criminal appeals adopting rules for the appointment of attorneys as counsel), Article 11.071, Code of Criminal Procedure, effective January 1, 2010.

SECTION 12. (a) Requires the presiding judges of the administrative judicial regions, not later than January 1, 2010, in accordance with Section 78.056, Government Code, as added by this Act, to complete the statewide list of competent counsel available for appointment to represent defendants in applications for writs of habeas corpus.

(b) Requires the president of the State Bar, not later than January 15, 2010, to appoint the members of the capital writs committee.

(c) Requires the capital writs committee, not later than May 15, 2010, to submit to the Court of Criminal Appeals the list of candidates for the position of the director of the office.

(d) Requires the Court of Criminal Appeals, not later than September 1, 2010, to appoint the director of the office under Chapter 78, Government Code, as added by this Act.

SECTION 13. Effective date: September 1, 2009.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute amends SECTION 1 under Section 78.053(b) DIRECTOR; STAFF to state that all attorneys employed by the director may not have been found to have rendered ineffective assistance of counsel during the trial or appeal of a death penalty case.