Texas Attorney General Opinion: C-598 Page: 3 of 3
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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Honorable E. L. Max Hamilton, Page 3, (c-598)
In answer to your third question, it is the opinion
of this office that the rules now applicable to district
courts of the State of Texas, in regard to the appointment
of counsel, are applicable to county courts in cases of mis-
demeanors carrying a possible jail sentence. Article 26,04.
SUMMAR Y
A Judgment of conviction in a misdemeanor
case punishable by imprisonment is void where
the defendant is too poor to employ counsel
and the trial court has failed to appoint coun-
sel to represent him, unless counsel has been
waived by the defendant. If the defendant is
able to afford counsel, the court is not re-
quired to appoint counsel for him. The rules
applicable to district courts, in regard to
the appointment of counsel, are applicable to
county courts in cases of misdemeanors, car-
rying a possible Jail sentence.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
Assistant Attorney General
DHC/dt
APPROVED:
OPINION COMMITTEE:
W. V. Geppert, Chairman
Robert E. Owen
Howard M. Fender
Lonny F, Zwiener
John Banks
APPROVED .FOR THE ATTORNEY GENERAL
BY T. B. Wright-2892-
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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/m1/3/?q=hamilton+county: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.