SECTION 174.13. Application Review Process

Following the review of all applications the appointing authority shall by a majority vote select contractor(s), specify the types of cases each contractor is qualified to handle, and authorize the contracting authority to enter into a contract. The attorneys associated with the selected contractor(s) must meet the attorney qualification requirements contained in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract does not exclude capital cases in which the death penalty is sought, the attorneys associated with the selected contractor(s) must also meet the attorney qualifications set by the regional selection committee and be approved by the regional selection committee to represent clients in capital cases. The appointing authority shall consider at least the following factors when evaluating applications:

(1) Experience and qualifications of the applicant;

(2) Applicant's past performance in representing defendants in criminal cases;

(3) Applicant's disciplinary history with the state bar;

(4) Applicant's ability to comply with the terms of the contract; and

(5) Cost of the services under the contract.

Source Note: The provisions of this §174.13 adopted to be effective January 1, 2007, 31 TexReg 10094