Discretionary appointment of counsel

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Legislation, Housing - Evictions

On written application of a party, a county court may appoint “any qualified attorney who is willing to provide pro bono services” to represent someone who was in possession of their residence at the time of eviction and qualifies for in forma pauperis status. Tex. Gov’t Code Ann. § 25.0020.  The statute requires the court to notify parties of the right to make this request.  Tex. Gov’t Code Ann. § 26.010(e).  The statute also specifies that the attorney may not receive fees unless such fees are provided for “by contract, statute, common law, court rules, or other regulations;” the county is explicitly exempt from having to pay such fees.   Tex. Gov’t Code Ann. 26.010(d).

Appointment of Counsel: discretionary Qualified: yes