Solutions:
I. Clarify the Code of Criminal Procedure to strengthen requirements for waiver of the right to counsel.
A person accused of a crime may waive the right to counsel and elect to proceed to trial or enter a plea without the assistance of a lawyer, but waiver of the right to counsel should be valid only if it is an informed and voluntary decision. Waiver of the right to counsel should not be valid if it is coerced or obtained (1) without an adequate and accurate explanation of the right to counsel and of the dangers of proceeding without a lawyer, and (2) without providing a reasonable opportunity to request the assistance of counsel, appointed or retained. The Code of Criminal Procedure should be amended to assist Texas judges – some of whom may not be familiar with binding federal law requirements for counsel waivers – in eliciting valid waivers of the right to a lawyer.
II. Make court procedures more transparent for unrepresented defendants.
Prosecutors and judges should not suggest counsel waivers to or otherwise initiate counsel waivers with defendants who are accused of a jailable offense until each defendant has been informed of his or her right to a lawyer and has made a decision about whether s/he wants to waive that right. Furthermore, under no circumstances should prosecutors and judges be allowed to elicit or encourage a wavier once a defendant has indicated that s/he wants a lawyer.