If You Cannot Afford an Attorney, None Will Be Appointed for You: Exploring Rates Of Representation by Counsel in Texas Misdemeanor Courts

Abstract

All misdemeanor defendants in the United States have the right to be represented by a lawyer if they are facing the possibility of incarceration. Yet implementation of that right is often left to local policymakers, and rates of non-representation (defendants proceeding without lawyers) vary enormously. Through an examination of data from Texas counties in 2019, we find non-representation rates were highest in the state’s poorest and most rural counties. But we also find signs that local policy choices matter. Counties with public defender offices, and those with less restrictive policies on financial eligibility for indigent defense services, appointed lawyers to substantially more misdemeanor defendants, and had substantially lower non-representation rates as a result. State officials should encourage policy choices that can effectively uphold defendants’ constitutional rights and create more equitable access to counsel, no matter where a defendant happens to be prosecuted.

Keywords: Access to counsel, Texas, Rural criminal justice, Right to counsel, Legal representation, Legal aid, Indigent defense, Public defenders, Legal assistance to the poor