Right to counsel

Key_development Question_mark

Legislation, Incarceration for Fees/Fines (incomplete)

Texas law states that that "An indigent defendant is entitled to have an attorney appointed to represent him in any adversary judicial proceeding that may result in punishment by confinement…" Tex. Code Crim. Proc. 1.051(c). Although this is part of the criminal code, this particular language is not limited to criminal cases, and in fact it has been applied in the fees/fines contempt context.  See e.g. Ex parte Gonzales, 945 S.W.2d 830 (Tex. Crim. App. 1997) (agreeing that rule, in addition to constitution, provides right to counsel in contempt case involving incarceration for failure to pay court-imposed fees, and stating that “the right to counsel turns on whether deprivation of liberty may result from a proceeding, not upon its characterization as 'criminal' or 'civil.’”)

Appointment of Counsel: categorical Qualified: yes