Texas Attorney General Opinion: C-598 Page: 1 of 3
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ThE AroRDN1rCEY GENERAL
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'T OMX. IC, ", ,,-.- ,i , i.AUSTIN. TKAS i7,7i1
February 7,
1966
Honorable E. L. Max Hamilton
County Attorney
Terry County
Brownfield, Texas
Dear Mr. Hamilton:Opinion No. C-598
Re: Whether a judgment of
conviction in a mis-
demeanor case, punish-
able by imprisonment
and the defendant was
too poor to employ
counsel and the court
failed to appoint
counsel to represent
him, is valid or void,
and related questions.Your letter requesting an opinion of this office
reads substantially as follows:
Pursuant to Article 26.04 of the Code
of Criminal Procedure, it is my opinion
that the provisions of said Article re-
quire that the County Court MUST appoint
counsel for all misdemeanor cases punish-
able by possible imprisonment when the
defendant cannot afford counsel. Would
you please give your opinion concerning
the following cases:
1. What would be the effect of a
judgment of conviction against a defend-
ant in such a misdemeanor case without
having counsel appointed?
2. What if a defendant is able to
afford counsel and refuses to do so?
Must the Court still appoint such coun-
sel for hit?
3. Are not the rules applicable to
District Courts for the State of Texas
in regarding appointment of counsel ap-
plicable to the County Courts in cases
of misdemeanors carrying a possible jail
sentence?-2890-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-598, text, February 7, 1966; (https://texashistory.unt.edu/ark:/67531/metapth269017/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.