The county criminal court judges in Tarrant County, Texas (hereinafter the “county criminal court judges”), are committed to timely providing quality legal representation to indigent criminal defendants, to guaranteeing fair and neutral procedures for attorney selection, and to establishing minimum competency standards for court-appointed attorneys; while at the same time ensuring that public funds are wisely spent.  In administering the Tarrant County Criminal Courts Misdemeanor Court Appointment Plan (hereinafter the “Plan”), the county criminal court judges seek to comply with applicable provisions of the Texas Code of Criminal Procedure as well as the Texas Code of Judicial Conduct.  This Plan supersedes all other plans and guidelines promulgated by the county criminal court judges.

The county criminal court judges will administer the Plan in accordance with the rules set out herein.

The county criminal court judges expect that attorneys appointed to represent indigent defendants will continuously adhere to the rules of the Plan.

The county criminal court judges have created an Office of Attorney Appointments (OAA), and within the OAA employ a Coordinator of Attorney Appointments (CAA) and staff to administer the Plan.

The county criminal court judges also employ magistrates and magistrate support officers (MSOs) to interview arrested persons and collect detailed financial information from those who request appointment of counsel. The information collected by a MSO shall be utilized solely by the county criminal court judges, magistrates, and OAA in determining indigency and appointing counsel, or by the county criminal court judges and magistrates in setting bail.

The OAA shall submit to the Texas Indigent Defense Commission (TIDC), on a form prescribed by the TIDC, the number of appointments made to each attorney accepting appointments and the information provided to the OAA by those attorneys under Article 26.04(j)(4), Texas Code of Criminal Procedure.  This is due no later than November 1st each year.
All arrested persons, including those arrested on an out-of-county warrant, shall be brought before a magistrate without unnecessary delay, but no later than 48 hours after arrest, to determine if the person is indigent for purposes of appointment of counsel.  

A magistrate will explain the right to counsel and the right to appointed counsel to the accused.  A magistrate will also ensure that reasonable assistance is provided to the accused in completing forms necessary to request counsel.  

A record will be made of the magistrate having informed the accused of the right to request appointment of counsel and whether the accused requested appointment of counsel.

If the accused, including those arrested on an out-of-county warrant, requests an appointed lawyer, within 24 hours the magistrate will transmit or cause to be transmitted to the OAA an accused’s request for counsel.
 
If the accused does not request an appointed lawyer, the magistrate shall retain the record of this decision pursuant to the rules adopted by the magistrate.

 

In determining whether a defendant is indigent, the court or court’s designee may consider the defendant’s income, source of income, assets, property owned, outstanding obligations, necessary expenses, the number and ages of dependents, and spousal income that is available to the defendant.  The court or court’s designee may not consider whether the defendant has posted or is capable of posting bail, except to the extent that it reflects the defendant’s financial circumstances.

Definitions – Terms used to determine eligibility for an indigent’s defense services shall have the following meanings:

“Income” shall include the total cash receipts, before taxes, from all resources, including money wages and the net receipts from non-farm or farm self-employment. Further, “income” shall include regular payments from a governmental income maintenance program, public or private pensions, annuities, and income from dividends, interest, rents, royalties or periodic receipts from estates or trusts, regular payments from Social Security, strike benefits from union funds, veteran’s benefits, training stipends, alimony, child support and military family allotments, or other regular support from an absent family member or someone not living in the household, or foster care payments, benefits from a governmental income maintenance program (AFDC, SSI, unemployment compensation, or state or county general assistance or home relief), food or rent received in lieu of wages, money which is received from sale of real or personal property or received from tax refunds, gifts, one-time insurance payments or compensation for injury, non-cash benefits (food stamps, etc.).

“Liquid assets” shall include, but are not limited to, cash, savings and checking accounts, stocks, bonds, certificates of deposit, and equity in real and personal property, as well as any interest in retirement accounts.

A defendant is indigent if their household income is at or below 125% of the latest poverty guidelines as established and revised annually by the United States Department of Health and Human Services, and whose liquid assets do not exceed $15,000.

 A defendant whose household income exceeds 125% of the latest poverty guideline  may still qualify for a court-appointed attorney if the court or its designee determines special circumstances exist.  In determining whether special circumstances exist, the court or its designee may consider unusual, excessive, or extraordinary medical expenses, the age or physical infirmity of household members, or other expenses.  The court or its designee may also consider the complexity of the case, the estimated cost of presenting a legal defense, the fees charged by lawyers in the community for providing defense services in similar cases, whether the defendant has retained counsel in related legal matters (e.g., administrative license revocation, forfeiture, etc.), any efforts the defendant has made to retain an attorney, and any other factor impacting the ability of the defendant to retain private counsel.

As set forth in Texas Code of Criminal Procedure art. 26.04(p), a defendant who is determined by the court to be indigent is presumed to remain indigent for the remainder of the proceedings in the case unless a material change in the defendant's financial circumstances occurs. If there is a material change in financial circumstances after a determination of indigency or nonindigency is made, the defendant, the defendant's counsel, or the attorney representing the state may move for reconsideration of the determination.

The court or the court’s designee may not consider whether the defendant has posted or is capable of posting bail, except to the extent that it reflects the defendant’s financial circumstances as measured by the considerations herein.

A defendant may be required to reimburse Tarrant County in whole or in part the cost of legal services provided as set forth in Texas Code of Criminal Procedure art. 26.05. If a defendant is placed on probation or deferred adjudication, the court may impose as a condition of probation repayment of all or a portion of the county’s cost for providing legal representation, if it does not impose a substantial financial hardship upon the defendant or dependents.  Payments are to be made through the Tarrant County Supervision and Corrections Department to the Fund for Indigent Defense of Tarrant County.

The guidelines established herein for the appointment of counsel also apply to the reimbursement of expenses incurred for the purposes of investigation or expert testimony, as approved by the court.

Any person who is not defined as indigent in accordance with the Plan, but who has received court appointed counsel, shall be required to make payments for the reimbursement of the cost of legal services at the discretion of the court


 

QUALIFICATIONS TO RECEIVE APPOINTMENTS

A critical review of the quality of representation actually provided by attorneys applying to be on the wheel is a factor in providing high quality representation to indigent defendants.  In addition to the objective criteria outlined herein, the statutes of the State of Texas provide for a subjective review of the qualifications of the attorneys applying for inclusion on the wheel.  While recognizing that there is a need for an open attorney appointment wheel, the county criminal court judges have an obligation to closely monitor those seeking approval to be on the wheel.

Attorneys who are approved to receive appointments pursuant to this system of qualifications must file an application for re-approval before the end of their birth month each year.

Unless the county criminal court judges have removed the attorney for any cause, the attorney may reapply for the appointment wheel after the expiration of one year following an application that is not approved.  

The establishment of this system of qualifications confers to no attorney a property interest in receiving misdemeanor court appointments.

A.  General Objective Qualifications to Receive Appointments
In order to be considered to receive appointments and, once approved, to continue to receive appointments to represent indigent misdemeanor defendants in Tarrant County, Texas, an attorney must:
1) be a member in good standing of the State Bar of Texas;
2) be familiar with the Texas Penal Code, Texas Code of Criminal Procedure, Texas Rules of Evidence, Texas Rules of Appellate Procedure, Texas Disciplinary Rules of Professional Conduct, Texas case law, and the local rules of practice for the criminal and appellate courts of Tarrant County, Texas;
3) consistently demonstrate commitment to providing effective assistance of counsel and quality representation to criminal defendants;
4) consistently demonstrate professionalism, proficiency, and reliability in representing criminal defendants, and in dealing with the courts and opposing counsel;
5) be of sound mind, as well as good moral and ethical character;
6) not have been sanctioned by a court for failure to appear;
7) not have been sanctioned by a court for any type of unprofessional conduct or abusive conduct;
8) maintain his or her principal office in Tarrant County. (A principal office is the commercial location where the attorney conducts the majority of his or her criminal law practice and that is the listed work address recorded with the State Bar of Texas and published on the State Bar of Texas website, and does not consist of a post office box address.);  
9) maintain a secretary, receptionist, answering service, or daily monitored answering machine or voice mail system at his or her principal office;  
10) maintain a current listing in the attorney’s name in the Fort Worth telephone book, on-line directory, and/or directory assistance;
11) maintain a functioning fax machine on a dedicated telephone line and an e-mail address, both available twenty-four hours a day and monitored on a daily basis;
12) timely and promptly respond to telephone, e-mail, regular mail, or fax requests from each court and the OAA;
13) maintain the capacity to access and review district attorney files on appointed cases that are available through the Tarrant County Criminal District Attorney’s Office’s electronic case filing system;
14) file with the OAA either a complete, accurate sworn “Application for Misdemeanor Court Appointments,” including all required attachments; or a copy of a current application for Tarrant County Felony Court Appointments including all required attachments, together with a sworn affidavit by the attorney attesting to the truthfulness of all representations in the felony application and that the attorney wishes to apply for misdemeanor court appointments;
15) promptly notify the OAA in writing of any changes to the information contained in any filed Application for Misdemeanor Court Appointments;
16) promptly notify the OAA in writing of any matter that may disqualify the attorney by law, regulation, rule, or this Plan from receiving appointments to represent indigent defendants;
17) annually file with the OAA, by the last day of the attorney’s birth month, an accurate copy of his or her State Bar of Texas Minimum Continuing Legal Education Annual Verification Report and a sworn “Annual Attorney Reapplication” that he or she is in compliance with the general and specific qualifications required under this Plan;
18) represent the defendant until charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is permitted or ordered by the court to withdraw as counsel for the defendant after a finding of good cause is entered on the record;
19) with respect to a defendant not represented by other counsel, before withdrawing as counsel for the defendant after a trial or the entry of a plea of guilty:
(A) advise the defendant of the defendant’s right to file a motion for new trial and a notice of appeal;
(B) if the defendant wishes to pursue either or both remedies described by Paragraph (A), assist the defendant in requesting the prompt appointment of replacement counsel; and
(C) if replacement counsel is not appointed promptly and the defendant wishes to pursue an appeal, file a timely notice of appeal.
20) not later than October 15 of each year and on a form prescribed by the TIDC, submit to the OAA information, for the preceding fiscal year, that describes the percentage of the attorney’s practice time that was dedicated to work based on appointments accepted in Tarrant County under Article 26.04, Texas Code of Criminal Procedure and Title 3, Texas Family Code;
21) make every reasonable effort to contact the defendant no later than the end of the first working day after the date on which the attorney is appointed and to interview the defendant as soon as practicable after the attorney is appointed;
22) timely request discovery from the State pursuant to Article 39.14, Texas Code of Criminal Procedure;
23) make every reasonable effort to timely review each and every disclosure made by the State pursuant to Article 39.14, Texas Code of Criminal Procedure or otherwise regarding any matter to which counsel is appointed;
25) promptly provide written notification of any court setting to each appointed client within three business days of receipt of such notice;
26) submit only a properly documented and accurate “Defense Claim for Fee Payment/Expense” form on an appointed case;
27) effective October 1, 2015, submit only electronic payment claim forms through Fair Indigent Defense Online, unless a special exception is made by the court;
28) accept responsibility for all actions taken on each appointed case;
29)  attend training on the use of Fair Indigent Defense Online regarding electronic payment claim forms; and
30) meet any additional requirement(s) that may be later imposed by the county criminal court judges with notice to the attorneys as an addendum to this Plan.


B.  Specific Objective Qualifications for Misdemeanor Cases
In addition to the general qualifications outlined above, an attorney seeking misdemeanor court appointments must possess the following qualifications:  
1.    licensed to practice in Texas for at least one year;
2.    the completion of at least 15 hours of State Bar of Texas approved Minimum Continuing Legal Education (MCLE) in the area of criminal law within the preceding 12 months and in each MCLE reporting year thereafter, one hour of which must be accredited for attorney wellness or mental health; and
3.    substantial and active participation within the last 10 years in 5 criminal jury trials on the merits (not including competency trials), and 20 pleas of guilty, all in non-class C cases.

Proof of substantial and active participation in trials and pleas at the time of application is not required if the applicant (1) served at least four years as an elected judge for a District Court hearing criminal cases, a Criminal District Court, or a Statutory County Criminal Court: (2) has a Current Application for Felony Court Appointments as described in A.14 above; or (3) holds a current board certification in criminal law.

Attorneys seeking appointment to represent defendants on appeal must meet all the requirements and be approved to be placed on the felony appellate wheel.  There will only be one list of appellate attorneys for both felony and misdemeanor appointments.

A qualified attorney will be appointed to each indigent defendant, whether in custody or not, based on a rotating misdemeanor appointment wheel consisting of the names of qualified attorneys approved by a majority of the county criminal court judges.

A qualified attorney will be appointed to each defendant, whether in custody or not, that the interests of justice require appointment of representation based on that same rotating misdemeanor appointment wheel consisting of the names of qualified attorneys approved by a majority of the county criminal court judges.

Each qualified attorney will be appointed to represent five defendants per rotation through the misdemeanor appointment wheel as maintained by the OAA.

Attorneys approved to receive misdemeanor appointments will be added to the end of the wheel as it exists at that time on a monthly basis.

The OAA shall also maintain a separate wheel for the sole purpose of appointing attorneys to represent in custody defendants when the interests of justice require such an appointment.  A court will call the OAA and request an attorney from this wheel and have that attorney on standby for a jail run.  This attorney may only be appointed to defendants who are in custody.  If the attorney is unavailable for two consecutive requests, then that attorney’s name shall go to the end of the wheel.

A separate list of qualified Spanish-speaking attorneys will be maintained by the OAA for appointment to cases where the defendant’s primary language is Spanish. 

The OAA shall also maintain a separate list of attorneys who have been removed from cases they were appointed due to the fact that their clients met criteria and were transferred to the Extended Mental Health Services Docket (EMHD). When a defendant meets criteria and is transferred to the EMHD, the existing appointed attorney will be removed from the case. That attorney will be added to the bottom of a list of attorneys that have been removed from appointments for EMHD purposes. The number of cases from which the attorney was removed will be noted.  When a court contacts the OAA seeking the name of an attorney to appoint to a case where an attorney was not appointed in the course of the customary wheel process, the OAA will look to this list and provide the next attorney’s name. The OAA then removes that attorney’s name from this list after he or she has been appointed to the same number of cases that he or she lost to the EMHD. This will not impact any attorney’s place in the appointment rotation.

Ad Hoc Distribution of Appointments in the Trial Court

The county criminal court judges and magistrates may deviate from the rotation system and appoint an attorney who is specifically qualified under the Plan on an ad hoc basis to represent an indigent defendant, or a defendant that the interests of justice require appointment of representation, upon a written finding of good cause to deviate from the rotation system.    

The county criminal court judges and magistrates, upon a finding of good cause, may deviate from the rotation system and appoint an attorney who is specifically qualified under the Plan on an ad hoc basis to represent an indigent defendant who is charged in a motion to revoke community supervision or a petition to adjudicate.

COMPENSATION FOR COURT-APPOINTED SERVICES

The county criminal court judges have adopted a schedule of compensation for court-appointed services. In arriving at this schedule, the county criminal court judges have considered the services performed, the time and labor required to perform the services, the complexity of the case involved, and the experience and ability of the individuals performing the services.

All requests for compensation for court-appointed services must be submitted to the court via Tarrant County’s electronic voucher program, unless an exception is made by the court. No payment shall be made until the judge approves payment after submission of the form or electronic voucher.

If the judge disapproves the requested amount of payment, the judge shall make written findings stating the amount that the judge approves and each reason for approving an amount different from the requested amount.


A.    Compensation for Attorney Services

Effective for appointments made on September 20, 2023, and thereafter, counsel appointed to represent indigent defendants shall be compensated for their services as follows:

Appointment:                                                           $75

Assault causing bodily injury to a family member: $350

Terroristic threat placing any person in fear of imminent serious bodily committed against a member of the person's family or household or otherwise constitutes family violence:                     $350

Violation of certain court orders or conditions of bond set in a family violence, child abuse or neglect, sexual assualt or abuse, indecent assault, stalking, or trafficking case:                        $350

Driving, flying, or boating while intoxicated:         $350

Uncontested Revocation                                          $200

Other                                                                        $200

Evidentiary Hearing                                                 $100

Criminal Law Board-Certified Attorney  $100 per invoice

Trial by Court/Jury Trial $600 per day  $300 for half day

Appeals    $50-125 per hour, not to exceed $1,800

Counsel appointed to represent indigent defendants prior to March 20, 2024, shall be compensated for their services pursuant to the fee schedule in effect at the time of appointment.

If the charging instrument alleges different charges in separate counts, the attorney may be compensated for each count under one case number by specifying the count number.  The attorney may not be compensated twice for board certification or for hearings and trials that involve all counts.

B.    Compensation for Expenses
Counsel appointed to represent indigent defendants shall be reimbursed for reasonable and necessary expenses, including expenses for investigation and expert witness services. Expenses incurred with or without prior court approval shall be reimbursed according to the procedures described herein.
 
When possible, prior court approval shall be obtained before incurring expenses for investigation and expert witness services.


1.    Procedure for Prior Court Approval of Expenses

Appointed counsel shall file with the court a pretrial request for payment of investigative expenses, expert witness expenses, or both. In the discretion of the attorney, this request may be filed as an ex parte confidential request.

The request for approval of expenses must state the type of investigation to be conducted or the type of expert witness to be retained, must set out specific facts that suggest the investigation will result in admissible evidence or that the services of an expert witness are reasonably necessary to assist in the preparation of a potential defense, and shall include an itemized list of anticipated expenses for each investigator, expert witness, or both.

The county criminal court judges shall grant the request for payment of expenses in whole or in part as far as the request is reasonable. If a county criminal court judge denies the request in whole or in part, the county criminal court judge shall state the reason for the denial in writing, attach the denial to the request, and file them in the record.

2.    Procedure Without Prior Court Approval

Appointed counsel may incur investigative or expert witness expenses without prior approval of the court. On presentation of a claim for reimbursement, the county criminal court judge shall order reimbursement of counsel for the expenses, if the county criminal court judge determines that the expenses were necessary and reasonable.

C.    Compensation of Court-Appointed Investigators
Investigators appointed to assist in the defense of indigent defendants shall be compensated for their services at the rate of $50 per hour. Investigators shall also be compensated for necessary and reasonable
 
expenses, and for mileage at the mileage reimbursement rate set by the Tarrant County Commissioners Court.
 

REMOVAL FROM MISDEMEANOR APPOINTMENT WHEEL

The county criminal court judges recognize the obligation to closely monitor those attorneys approved to be on the wheel and to carefully consider the removal of attorneys from the wheel who provide substandard representation to their clients.  A critical review of the quality of representation provided by attorneys on the wheel is an obligation of the county criminal court judges under this Plan.

A.  Grounds for Removal

An attorney shall be immediately removed by the CAA from the misdemeanor appointment wheel and may be removed from any case to which the attorney has been appointed for any of the following:

1)    the attorney is convicted or receives deferred adjudication for any felony offense, including controlled substance offenses;
2)    the attorney is convicted or receives deferred adjudication for any crime of moral turpitude;
3)    the attorney is under indictment, information, criminal complaint or other formal charge for a felony offense or crime of moral turpitude;
4)    the attorney intentionally misrepresents any information on an Application for Misdemeanor Court Appointments, on any Defense Claim for Fee Payment/Expenses or on any Annual Certification of Attorney;
5)    the attorney fails to meet any of the general qualifications;
6)    the attorney fails to file with the OAA, by the last day of the attorney’s birth month, an accurate copy of his or her State Bar of Texas Minimum Continuing Legal Education Annual Verification Report and a sworn “Annual Attorney Reapplication”;
7)    the attorney fails to submit to the OAA by October 15 of each fiscal year the information for the preceding fiscal year that describes the percentage of the attorney’s practice time that was dedicated to work based on appointments accepted in Tarrant County under Article 26.04, Texas Code of Criminal Procedure and Title 3, Texas Family Code;
8)    the attorney fails to complete the required training to submit electronic pay vouchers through Fair Indigent Defense Online; or
9)    the attorney is sanctioned by the State Bar of Texas.

At the discretion of a majority of the county criminal court judges, an attorney shall be removed by the CAA from the misdemeanor appointment wheel and may be removed from any case to which the attorney has been appointed for any of the following:

1)    the attorney fails to make every reasonable effort to contact the defendant not later than the end of the first working day after the date on which the attorney is appointed and to interview the defendant as soon as practicable after the attorney is appointed;
2)    the attorney fails to timely request discovery pursuant to Article 39.14, Texas Code of Criminal Procedure;
3)    the attorney fails to make every reasonable effort to timely review each and every disclosure made by the State pursuant to Article 39.14, Texas Code of Criminal Procedure or otherwise regarding any matter to which counsel is appointed; or
4)    for any other cause as determined by a majority of the county criminal court judges.

B.  Reinstatement to the Misdemeanor Appointment Wheel

An attorney who was removed from the misdemeanor appointment wheel for the alleged commission of a felony offense or crime of moral turpitude may be immediately reinstated by the CAA upon providing proof that the charge(s) was dismissed or that the attorney was acquitted, so long as the attorney otherwise meets the qualifications under the Plan.  In addition to dismissal of the case, the attorney shall provide written proof that all conditions antecedent to the dismissal or acquittal have been completed before reinstatement will occur.

An attorney who was removed from the misdemeanor appointment wheel for non-completion of MCLE hours will be suspended from receiving appointments for thirty days but may be reinstated by the CAA upon providing proof within those thirty days that the attorney has completed the required hours, so long as the attorney otherwise meets the qualifications under the Plan.  

An attorney who was removed from the misdemeanor appointment wheel for not submitting his or her information for the preceding fiscal year that describes the percentage of the attorney’s practice time that was dedicated to work based on appointments accepted in Tarrant County under Article 26.04, Texas Code of Criminal Procedure and Title 3, Texas Family Code will  be suspended from receiving appointments for thirty days but may be  reinstated by the CAA upon submitting the information within those thirty days, so long as the attorney otherwise meets the qualifications under the Plan.

An attorney who has been removed from the misdemeanor appointment wheel for any other reason and who wishes to be reinstated must apply through the original application process.

Unless the county criminal court judges have removed the attorney for any cause, the attorney may reapply for the misdemeanor appointment wheel after the expiration of one year following an application that is not approved.  

In addition to the other requirements for application, the attorney shall include a written description of all measures taken by the attorney to correct the problem(s) for which the attorney was removed from the misdemeanor appointment wheel.

C.  Voluntary Removal from Misdemeanor Appointment Wheel

A qualified attorney may at any time request, in writing, a period of temporary voluntary removal from the misdemeanor appointment wheel.  At the end of any period of less than one year, upon written request, the attorney will be returned to the misdemeanor appointment wheel if he or she otherwise remains qualified. If the period of voluntary removal exceeds one year, the attorney must reapply for misdemeanor appointments through the original application process.

The CAA shall be sent a copy of all vacation letters.  The CAA shall temporarily remove an attorney from the misdemeanor appointment wheel during the period of time that the attorney is on vacation.


 

Tarrant County Court Affidavit of Indigence.doc (11/3/2009 11:32:22 AM) view
Tarrant County Court Attorney Application for Appointment.doc (10/11/2011 3:47:26 PM) view
Tarrant County Court Attorney Fee Schedule.docx (5/3/2024 12:31:59 PM) view
Tarrant County Court Attorney Fee Voucher.pdf (9/23/2014 1:20:22 PM) view
Tarrant County Court Instructions for Applying for Appointed Counsel.doc (11/3/2009 11:35:37 AM) view
Tarrant County Court Magistrates Warning Form.doc (11/3/2009 11:32:05 AM) view
Tarrant County Court NoticeToDefendantReleasedPriorToAppointment(English).doc (11/7/2016 2:17:01 PM) view
Tarrant County Court NoticeToDefendantReleasedPrioToAppointmentOfLawyer.doc (11/7/2016 2:13:03 PM) view
Tarrant County Court Waiver of Counsel.doc (11/3/2009 11:34:55 AM) view