Plans by Texas counties to provide adequate legal representation to indigent defendants in capital cases have been called into question.

A study conducted by the Equal Justice Center and the Texas Defender Service gives low grades to most Texas counties, including Bexar, for their efforts to comply with the Fair Defense Act.

Texas lawmakers passed the act in 2001 because of widespread concerns about the horrendously low quality of legal representation received by poor defendants facing the death penalty.

Supporters of capital punishment, as well as opponents, were justifiably perturbed. When a defendant faces a possible death sentence, anything less than a thorough defense is unconscionable.

The 2001 statute required judges in each county to develop a system to ensure adequate legal representation for indigent defendants charged with capital crimes.

Most counties have not met the requirements of the state law, much less recommendations of the American Bar Association, the report revealed.

"While the results are mixed, an overwhelming majority of the counties reviewed fails to comply with one or more of the FDA's (Fair Defense Act's) mandates concerning death penalty cases. Only two of Texas' most active death penalty counties fully comply with FDA provisions governing capital representation," the report stated.

The groups graded the county plans in six categories. Bexar's plan received one B and five D's. While the county set solid qualification requirements, its plan fails to provide adequate attorney compensation, investigator expenses, a neutral attorney selection method and prompt access to counsel, according to the report.

Unless they can prove the report is erroneous, judges in counties across Texas should rewrite the plans to truly provide adequate representation. Without the assurance of adequate defense in capital cases, state-sanctioned execution of innocent suspects remains a real possibility.