Texas Code of Criminal Procedure - Article 2.07. Attorney Pro Tem
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 2.07. Attorney Pro Tem
Art. 2.07. [31] [38] [39] ATTORNEY PRO TEM. (a) Whenever an
attorney for the state is disqualified to act in any case or
proceeding, is absent from the county or district, or is otherwise
unable to perform the duties of his office, or in any instance where
there is no attorney for the state, the judge of the court in which
he represents the state may appoint any competent attorney to
perform the duties of the office during the absence or
disqualification of the attorney for the state.
(b) Except as otherwise provided by this subsection, if the
appointed attorney is also an attorney for the state, the duties of
the appointed office are additional duties of his present office,
and he is not entitled to additional compensation. Nothing herein
shall prevent a commissioners court of a county from contracting
with another commissioners court to pay expenses and reimburse
compensation paid by a county to an attorney for the state who is
appointed to perform additional duties.
(b-1) An attorney for the state who is not disqualified to
act may request the court to permit him to recuse himself in a case
for good cause and upon approval by the court is disqualified.
(c) If the appointed attorney is not an attorney for the
state, he is qualified to perform the duties of the office for the
period of absence or disqualification of the attorney for the state
on filing an oath with the clerk of the court. He shall receive
compensation in the same amount and manner as an attorney appointed
to represent an indigent person.
(d) In this article, "attorney for the state" means a county
attorney, a district attorney, or a criminal district attorney.
(e) In Subsections (b) and (c) of this article, "attorney
for the state" includes an assistant attorney general.
(f) In Subsection (a) of this article, "competent attorney"
includes an assistant attorney general.
(g) An attorney appointed under Subsection (a) of this
article to perform the duties of the office of an attorney for the
state in a justice or municipal court may be paid a reasonable fee
for performing those duties.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 4, eff. Aug.
28, 1967; Acts 1973, 63rd Leg., p. 356, ch. 154, Sec. 1, eff. May
23, 1973; Acts 1987, 70th Leg., ch. 918, Sec. 1, eff. Aug. 31, 1987;
Acts 1995, 74th Leg., ch. 785, Sec. 1, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 1545, Sec. 1, eff. Sept. 1, 1999.
Article: 2.01 2.02 2.025 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.121 2.122
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