Asked 6/20/2017 – Austin, TX

A local county judge that deals with Class A and Class B misdemeanors does not appoint legal counsel to the offenders that appear before him. He quickly glances at their affidavit before he says “according to your affidavit you’re not going to be appointed an attorney” before sentencing each one of them to 6 months in the county jail… or at least the ones that can’t afford legal counsel. I wanted to know if what he’s doing is in violation of his judicial duties and in violation of people’s constitutional right to be appointed legal counsel by the court if their facing jail time?? And I wanted to know if what he is doing is wrong, what kind of punishment would he be held accountable for by the judicial committee (be removed from the bench?) and if any legal charges would be held against him? Just needed professional legal advice. Thanks y’all!

Answer

A defendant has a constitutional right to counsel, but a court appointment of an attorney depends on the defendant’s inability to pay. There are many Judges who believe that if a defendant has the money to bond out of jail, they can find the money to pay for their own attorney. I would talk with local attorneys about this particular Judge about his particular policies. From what you describe, I do not believe any criminal acts have occurred.