Bexar County Bexar County Criminal District Criminal District
Courts PlanCourts Plan
Standards & Procedures Related to Standards & Procedures Related to Appointment of Counsel for Appointment of Counsel for
Indigent DefendantsIndigent Defendants
““Human wheels spin round and round, while the clock Human wheels spin round and round, while the clock keeps the pace.”keeps the pace.”
-John Cougar Mellencamp-John Cougar Mellencamp
2
Presenting: The “Wheel” model of Indigent Defense in the Criminal District Courts of Bexar County
33
Article 26.04 of the Texas Article 26.04 of the Texas Code of Criminal Code of Criminal Procedure outlines the Procedure outlines the “Procedures for Appointing “Procedures for Appointing Counsel”Counsel”
4
Senate Bill 7 This bill became law on January 1, 2002. The Criminal District Court Judges
prepared in 2001 by forming committees with relevant interested parties, including defense bar and Commissioners Court
- Magistration Committee- Attorney Qualifications Committee- Fee Schedule Committee
Which resulted in……….
5
Standards & Procedures Related to Appointment of Counsel for Indigent
Defendants in the Bexar County
Criminal District Courts
66
Six Categories:Six Categories:
1)1) Procedures for Timely Appointment of CounselProcedures for Timely Appointment of Counsel
2)2) Procedures and Financial Standards for Procedures and Financial Standards for Determining Whether a Defendant is IndigentDetermining Whether a Defendant is Indigent
3)3) Selection and Appointment of CounselSelection and Appointment of Counsel
4)4) Selection and Appointment of Counsel in Selection and Appointment of Counsel in Death Penalty CasesDeath Penalty Cases
5)5) Notice of Appointment, Determination, and Notice of Appointment, Determination, and Contact with the DefendantContact with the Defendant
6)6) Attorney Fee Schedule and Compensation of Attorney Fee Schedule and Compensation of Appointed AttorneysAppointed Attorneys
Focus today is on Focus today is on
The basic spokes of the wheelThe basic spokes of the wheel
8
5 Felony Lists:
• state jail felonies
• 2nd & 3rd degree felonies
• 1st & 3(g) felonies
• state jail & 3rd degree appeals
• 1st, 2nd, & 3(g) appeals
9
The Felony Public Appointment Lists:
Attorneys must apply to be included on each public appointment list. New
applications, supplemental applications, and exceptions are reviewed and voted
on by the judges twice a year.
1010
““Quality Control”:Quality Control”:Judges review the lists and can vote to Judges review the lists and can vote to
remove an attorney for a variety of remove an attorney for a variety of statutory reasons and other reasons statutory reasons and other reasons
outlined in the plan.outlined in the plan.For instance,For instance, the attorney no longer meets the objective the attorney no longer meets the objective
qualifications for that list, orqualifications for that list, or the attorney is not fully competent to the attorney is not fully competent to
adequately handle the category of cases, oradequately handle the category of cases, or the attorney intentionally or the attorney intentionally or repeatedly violates his obligationsrepeatedly violates his obligationsCitation: Bexar County Criminal District Courts Plan, Local Rule 5.22(j)Citation: Bexar County Criminal District Courts Plan, Local Rule 5.22(j)
1111
In December 2010, In December 2010, “WARNING"“WARNING" letters letters were sent to about 20 attorneys who were sent to about 20 attorneys who were reported by judges and court were reported by judges and court
coordinators to be chronically late to coordinators to be chronically late to court, regular no-shows, or whom the court, regular no-shows, or whom the
courts have consistent difficulty courts have consistent difficulty contacting. The judges will review these contacting. The judges will review these specific attorneys in June and if problems specific attorneys in June and if problems have continued, will consider removing have continued, will consider removing them from our felony court appointed them from our felony court appointed
attorney lists.attorney lists.
12
In their plan, the Criminal District Court Judges have designated Pre-Trial Services as the “appointing” authority to make assignments of court appointed attorneys. “Assignment” of an
attorney is made by Pre-Trial Services:
• After the defendant has requested one or the judge has determined the need for one
• After the defendant has been found to be indigent or indigence is waived
13
““The computer will select and The computer will select and provide an attorney’s name to the provide an attorney’s name to the
Pre-Trial Services Clerk, after Pre-Trial Services Clerk, after analyzing the individual analyzing the individual
requirements of the request and requirements of the request and utilizing the following filters:utilizing the following filters:
• LanguageLanguage• Degree of offenseDegree of offense• Availability of attorneyAvailability of attorney• Date of last Date of last
appointment”appointment”
Citation: Bexar County Criminal District Courts Citation: Bexar County Criminal District Courts Plan, Local Rule 5.22(l)(2)Plan, Local Rule 5.22(l)(2)
1414
Therefore, “the attorney’s name Therefore, “the attorney’s name selected by the computer to be selected by the computer to be appointed to the case should be appointed to the case should be
one that…..one that….. Meets any language requirement (if possible)Meets any language requirement (if possible) Is qualified to take appointments for that Is qualified to take appointments for that
degree of offensedegree of offense Is not unavailable, Is not unavailable, And has the oldest date of last appointment.And has the oldest date of last appointment.
This will result in a This will result in a system of rotation””
Citation: Bexar County Criminal District Courts Plan, Local Rule 5.22(l)(3)Citation: Bexar County Criminal District Courts Plan, Local Rule 5.22(l)(3)
1515
Number of Attorneys on the Number of Attorneys on the Felony Appointment ListsFelony Appointment Lists
As of January 1, 2011, there are As of January 1, 2011, there are 408 408 attorneys on the felony appointment attorneys on the felony appointment
lists.lists.
Total Felony Cases Added:Total Felony Cases Added:
20072007 16,343 16,343
20082008 15,489 15,489
20092009 17,110 17,110
20102010 17,474 17,47414,000
14,500
15,000
15,500
16,000
16,500
17,000
17,500
2007 2008 2009 2010
*These numbers reflect cases added during a calendar *These numbers reflect cases added during a calendar year.year.
1717
Number of Felony Court Number of Felony Court Appointed Attorney Cases Paid:Appointed Attorney Cases Paid:
FY 07-08:FY 07-08: 9,9649,964
FY 08-09:FY 08-09: 11,75611,756
FY 09-10:FY 09-10: 11,74211,7429,000
9,500
10,000
10,500
11,000
11,500
12,000
FY 2007-2008
FY 2008-2009
FY 2009-2010
*These numbers reflect vouchers paid during a fiscal *These numbers reflect vouchers paid during a fiscal yearyear
1818
Felony Appointment Rate: Felony Appointment Rate:
20072007 59.46% 59.46%
20082008 63.93% 63.93%
20092009 68.45% 68.45%
20102010 68.62% 68.62% 54.00%
56.00%
58.00%
60.00%
62.00%
64.00%
66.00%
68.00%
70.00%
2007 2008 2009 2010
1919
Pre-Auditor Voucher Process Pre-Auditor Voucher Process in the Criminal District Courts:in the Criminal District Courts:
Voucher is signed and sworn to by the Voucher is signed and sworn to by the
defense attorneydefense attorney Reviewed for accuracy by the judge and/or Reviewed for accuracy by the judge and/or
court coordinatorcourt coordinator If disputed, judge can forward to the If disputed, judge can forward to the
Voucher Recommendation CommitteeVoucher Recommendation Committee If disapproved by the judge, voucher can If disapproved by the judge, voucher can
be referred to the committee by the be referred to the committee by the defense attorney, investigator, or expert defense attorney, investigator, or expert affected by the disapprovalaffected by the disapproval
2020
Since its inception in Since its inception in 20072007, the Voucher , the Voucher Recommendation Committee has Recommendation Committee has
reviewed reviewed 153153 vouchers and vouchers and recommended reductions in vouchers recommended reductions in vouchers
amounting to over amounting to over $141,551.65$141,551.65..
After the judge signs off on the voucher, After the judge signs off on the voucher, it is sent to the Auditor's office for it is sent to the Auditor's office for
processing.processing.
21
System is tweaked every couple System is tweaked every couple of years, but recently due to of years, but recently due to
review of system by TFID:review of system by TFID:► In-court appointments now going through Pre-Trial In-court appointments now going through Pre-Trial
Services and being made by the system whenever Services and being made by the system whenever possiblepossible
► Some courts still utilizing “next five names” Some courts still utilizing “next five names” procedureprocedure
► Working with BCIT and PTS to update attorney Working with BCIT and PTS to update attorney appointment systemappointment system
22
Article 26.04(a) Article 26.04(a) Code of Criminal ProcedureCode of Criminal Procedure
““The JUDGES of the county courts, The JUDGES of the county courts, statutory county courts, and district statutory county courts, and district courts trying criminal cases in each courts trying criminal cases in each county, by local rule, shall adopt and county, by local rule, shall adopt and publish written countywide procedures publish written countywide procedures for timely and fairly appointing counsel for timely and fairly appointing counsel for an indigent defendant in the county for an indigent defendant in the county arrested for or charged with a arrested for or charged with a misdemeanor punishable by confinement misdemeanor punishable by confinement or a felony.”or a felony.”
23
Texas Administration Code Texas Administration Code §174.10:§174.10:
“Appointing Authority”“Appointing Authority” The appointing authority is the:The appointing authority is the:
(1) Judge or judges who have authority (1) Judge or judges who have authority to establish an indigent defense plan to establish an indigent defense plan and approve attorneys to represent and approve attorneys to represent indigent defendants in criminal cases indigent defendants in criminal cases under under Article 26.04, Code of Criminal Procedure; ;
24
Court Appointed Attorney Assignments
Total attorneys on District Court wheel = 408
Total attorneys on County Court wheel
= 341
Total attorneys on both wheels = 514
25
Misdemeanor Misdemeanor Appointment ListAppointment List
• Currently have 344 attorneys on the listCurrently have 344 attorneys on the list• New Applications accepted anytimeNew Applications accepted anytime• Annual Review of CLE hours due every Annual Review of CLE hours due every
JanuaryJanuary
6 hours Criminal Law and6 hours Criminal Law and
3 hours Immigration Law3 hours Immigration Law• List approved by Judges 3 times a yearList approved by Judges 3 times a year• Attorneys removed if request in writing or Attorneys removed if request in writing or
non-compliance with CLE requirementsnon-compliance with CLE requirements
26
Attorney may be removed Attorney may be removed if:if:
• has twice or more failed to contact or interview has twice or more failed to contact or interview clients in a timely mannerclients in a timely manner
• has submitted a claim for legal services not has submitted a claim for legal services not performed as specified in Article 26.05(e), CCP;performed as specified in Article 26.05(e), CCP;
• fails to maintain compliance with each of the fails to maintain compliance with each of the appointment list guidelines;appointment list guidelines;
• has been found by a court to have provided has been found by a court to have provided ineffective assistance of counsel;ineffective assistance of counsel;
• has violated a rule of professional responsibility;has violated a rule of professional responsibility;
27
Attorney may be removed if: Attorney may be removed if: (cont’d)(cont’d)
• has been convicted of or received a deferred has been convicted of or received a deferred adjudication for any an offense, other than an adjudication for any an offense, other than an offense punishable by fine only;offense punishable by fine only;
• is under indictment or being formally charged is under indictment or being formally charged with an offense, other than an offense punishable with an offense, other than an offense punishable by a fine only; orby a fine only; or
• has intentionally misrepresented statements on has intentionally misrepresented statements on the application for the appointment list. the application for the appointment list.
• An attorney may also be removed from the An attorney may also be removed from the appointment list for another stated good cause.appointment list for another stated good cause.
28
Total Misdemeanor Cases Total Misdemeanor Cases Appointed:Appointed:
• FY’ 10---28,631FY’ 10---28,631• FY’ 09---28,308FY’ 09---28,308• FY’ 08---29,289FY’ 08---29,289• FY’ 07---32,561FY’ 07---32,561• FY’ 06---21,390FY’ 06---21,390 0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
FY2006
FY2007
FY2008
FY2009
FY2010
**Bexar County Auditor’s Office/ FY Oct 1st-Sept **Bexar County Auditor’s Office/ FY Oct 1st-Sept 30th)30th)
29
Total Misdemeanor Total Misdemeanor Cases Added:Cases Added:
• 2010---45,7282010---45,728
• 2009---46,9752009---46,975
• 2008---45,6972008---45,697
• 2007---53,8462007---53,846 40,000
42,000
44,000
46,000
48,000
50,000
52,000
54,000
2007 2008 2009 2010
**Task Force on Indigent Defense Website—Formula Grant **Task Force on Indigent Defense Website—Formula Grant Program County Data Sheet/ Calendar yearProgram County Data Sheet/ Calendar year
30
Appointment rates for Appointment rates for misdemeanor casesmisdemeanor cases
2007--60.47 %2007--60.47 %
2008--64.09%2008--64.09%
2009--60.30%2009--60.30%
2010--62.63%2010--62.63%
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
2007 2008 2009 2010
31
Pre-Auditor Voucher Review Pre-Auditor Voucher Review in County Courtsin County Courts
• Voucher signed by Attorney Voucher signed by Attorney • Reviewed by Judge and/or County Court Reviewed by Judge and/or County Court
Administration (Staff Attorney) if over $500Administration (Staff Attorney) if over $500• If need for reduction, court admin will discuss If need for reduction, court admin will discuss
with Judge and send memo outlining reasonswith Judge and send memo outlining reasons• If reduced, attorney can appeal to Judge Peeples, If reduced, attorney can appeal to Judge Peeples,
Administrative Judge 4Administrative Judge 4thth Judicial Region Judicial Region• Once signed, given to court clerk to make Once signed, given to court clerk to make
computer entry and forward to Auditor’s officecomputer entry and forward to Auditor’s office
32
In-court appointment In-court appointment system as a result of TFID system as a result of TFID
report:report:• All attorneys required to be on misdemeanor All attorneys required to be on misdemeanor wheel (if on felony wheel, can be given wheel (if on felony wheel, can be given appointment through *IDAAS even if not on appointment through *IDAAS even if not on misdemeanor wheel)misdemeanor wheel)
• Pre-trial services given directive to interview all Pre-trial services given directive to interview all misdemeanor MTRs for a Court appointed misdemeanor MTRs for a Court appointed attorney (CAA)attorney (CAA)
• In-court appointments using attorney list rotationIn-court appointments using attorney list rotation—each court appoints off next 30-31 names on list —each court appoints off next 30-31 names on list per month. (Will utilize until coordinators get per month. (Will utilize until coordinators get access to *IDAAS system).access to *IDAAS system).
• Defendants incarcerated on 7Defendants incarcerated on 7thth day after arrest to day after arrest to be given CAA by Pre-trial services.be given CAA by Pre-trial services.
*Indigent Defendant Attorney Appointment System*Indigent Defendant Attorney Appointment System
33
QUESTIONS??