A.    A child taken into custody must either be brought to a juvenile processing office without unnecessary delay where they may not be detained for longer than six hours pursuant to §52.025, Family Code, or another disposition authorized by §52.02, Family Code, including referral to the office designated by the juvenile board as intake for the juvenile court.  The intake officer shall process the child according  to the requirements of §53.01, Family Code. And shall also inform The child and The child's parents of the right to appointed counsel if they are indigent and provide for the purpose of determining eligibility. If the child is not released by intake, then a Detention Hearing shall be held not later than the second working day after the child is taken into custody unless the child is detained on a Friday, Saturday or listed holiday in which case the detention hearing shall be held on the first working day after the child is taken into custody. 

B.     Prior to the detention hearing the court shall inform the parties of the child’s right to counsel and to appointed counsel if they are indigent, and of the child’s right to remain silent as to the alleged conduct.

C.     The detention hearing may be conducted without the presence of the child’s parent(s) or other responsible adult(s), however, in these cases the court must immediately appoint counsel or a guardian ad litem to represent the child.

D.    The court shall provide the attorney for the child access to all written matter to be considered by the Court in making the detention decision.

A.    Definitions, as used in this rule:

                                i.            “Indigent” means a person who is not financially able to employ counsel.

                              ii.            “Net household income” in the case of a child is the income of the child’s parents or other person determined responsible for the support of the child. Such income shall include: take-home wages and salary (gross income earned minus those deductions required by law or as a condition of employment); net self-employment income (gross income minus business expenses, and those deductions required by law or as a condition of operating the business); regular payments from a governmental income maintenance program, alimony, child support, public or private pensions, or annuities; and income from dividends, interest, rents, royalties, or periodic receipts from estates or trusts. Seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the person determined responsible for the support of the child has no income or lesser income.

                            iii.            “Household” means all individuals who are actually dependent on the child’s parent(s) or person(s) deemed responsible for the support of the child, for financial support.

                            iv.            “The cost of obtaining competent private legal representation” includes the reasonable cost of support services such as investigators and expert witnesses as necessary and appropriate given the nature of the case.

B.     Eligibility for Appointment

                                i.            A child is presumed indigent if any of the following conditions or factors are present:

1.      At the time of requesting appointed counsel, a child is presumed indigent if the child’s parent(s) or other person(s) determined responsible for the support of the child is eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.

2.      The net household income of the child’s parent(s) or other person(s) determined responsible for the support of the child does not exceed 125% of the Poverty Guidelines as revised annually by the United States Department of Health and Human Services and published in the Federal Register;

3.      The child’s parent(s) or other person(s) determined responsible for the support of the child is currently serving a sentence in a correctional institution, is currently residing in a public mental health facility, or is subject to a proceeding in which admission or commitment to such a mental health facility is sought; or

                              ii.            The child who does not meet any of the standards above shall nevertheless be considered indigent if the child’s parent(s) or other person(s) responsible for the child is unable to retain private counsel without substantial hardship. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:

1.      the nature of the charge(s);

2.      anticipated complexity of the defense;

3.      the estimated cost of obtaining competent private legal representation for the matter(s) charged;

4.      the amount needed for the support of the child, the child’s parent(s)/person(s) responsible, and other dependents of the child’s parent(s)/person(s) responsible; 

5.      child’s parent(s’) income or the income of other person(s) determined responsible for the support of the child;

6.      source of income;

7.      assets and property owned by the child, child’s parent(s), or other person(s) determined responsible for support of the child;

8.      outstanding obligations;

9.      necessary expenses; and

10.  the number and ages of any siblings of the child.

                            iii.            Factors NOT to be considered in determining indigence:

1.      The resources available to friends or relatives of the child, other than the child’s parent(s) or other person(s) deemed responsible for the child, may not be considered in determining whether the child is indigent.

2.      Only the child's parent(s) or other person(s) responsible for the child and the child’s financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence.

C.     Indigence Proceedings:

                                i.            The appointing authority shall require the child and the child’s parent(s) or other person(s) responsible for the child to respond to questions about the child’s household financial status, produce documentation supporting financial information provided, and/or order a court official to verify financial information provided.

                              ii.            Information gathered for determining indigence, both in the Financial Affidavit and Request for Court Appointed Attorney and or through oral examination, may not be for any purpose other than:

1.      Determining if child is (or is not) indigent; or

2.      Impeaching direct testimony of the child or the child’s parent(s)/person(s) responsible regarding the child’s indigence.

                            iii.            A request by the appointing authority for additional information, documentation, and/or verification cannot delay appointment of counsel beyond the timelines specified in Parts I and IV of these rules.

                            iv.            A child determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the child’s financial circumstances occurs.

1.      A child’s status as indigent or not indigent may be reviewed in a formal hearing at any stage of a court. The child’s indigent status will be presumed not to have changed. The presumption can be rebutted in the review proceedings based on the following:

a.       Evidence of a material change in the child’s parent(s)/person(s) responsible and the child’s financial circumstances; or

b.      Additional information regarding the child’s parent(s)/person(s) responsible and the child’s financial circumstances that shows that they do not meet any of the standards for indigence contained in these rules.

2.      If a child previously determined to be indigent is subsequently determined not to be indigent, the attorney shall be compensated by the county according to the fee schedule for hours reasonably expended on the case

              v.          _{Juvenile Courts may no longer assess fees against youth and their families in  the juvenile justice system starting September 1, 2023}

 The County Judge, hearing juvenile cases shall establish attorney appointment lists for the following categories of offenses. Attorneys may apply for and be placed on multiple lists. Applications shall be filed with the designated agent, Kellie Campbell, County Court Coordinator. To be eligible for an appointment list, an attorney must meet the following minimum requirements:    

                               A. General Requirements - Mandatory   

1.      To qualify for inclusion on the appointment list, an attorney shall:

       a.   apply to be included;

       b.   meet the qualifications specified by the judges;

       c.   meet the applicable qualifications specified by the Texas Indigent Defense Commission; and

       d.   be approved by majority of the judges who establish the appointment list.  

2.   Each attorney must be a member in good standing of the State Bar of Texas.

3.      Each attorney must meet the following Residence and Principal office Requirements,

       a. District Court Cases

          Each attorney must be domiciled in Johnson County, Texas, Somervell County, Texas, or any County contiguous to Johnson or Somervell counties, that is within the 8th 

         Administrative Judicial District.

       b. County Court Cases

            Each attorney must reside in and/or have a principal law office in Somervell County or adjoining counties of Erath, Hood and Johnson Counties that are within the 8th Administrative Judicial Region.

4.     Each attorney shall submit by October 15th each year a statement that describes the percentage of the attorney practice time that was dedicated to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begin on October 1 and ends on September 30. The report must be submitted through the form prescribed by the Texas Indigent Commission to the court administration office in the County.

5.   Each attorney must maintain an office with a telephone, which is answered by a receptionist or answering service from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m. Monday through Friday (except for Somervell County holidays as set out in the official Somervell County calendar approved by the Somervell County Commissioners Court) and which receptionist or answering service can promptly locate the attorney and notify said attorney of appointment or hearing setting. Any change in this notification number must be given in writing to each County Court Judge and District Court Judge for Somervell County, Texas prior to change.

6.      Each attorney must have a functioning fax machine available 24 hours a day, or the ability to receive emails 24 hours per day.

7.      Each attorney shall have on file with the Court's designated agent a completed sworn "Application for Public Appointment List" approved by the County Court Judge and the District Court Judges for Somervell County, Texas.

8.   Each attorney shall promptly notify, in writing, the designated agent of any changes to the information contained in the application for Court appointments. Each attorney may not have been the recipient of any public disciplinary action by the State Bar of Texas or any other attorney licensing authority of another State or the United States within the 2 years prior to the application.

9.  Each attorney shall promptly notify, in writing, the designated agent of any matter that disquilifies the attorney by law, regulation, rule or under these guidelines from receiving appointments to represent indigent defendants.

10. Each attorney shall annually file with the designated agent a copy of his/her State Bar of Texas Continuing Legal Education annual reporting form and a certification that he/she is in compliance with these general and specific qualifications.

11. Each attorney shall meet any additional requirements that may be later imposed by the County Court Judge for Somervell County, Texas.

12. Court appointed counsel shall make every reasonable effort to contact the defendant not later than the end of the first working day after appointment and to interview the defendant as soon as practicable.

13. Court appointed counsel shall comply with all the laws, rules, procedures, and ethical provisions for providing reasonable assistance of counsel to thier client.

14. Court appointed counsel shall maintain a high standard of ethical conduct and always be completely candid with the trial court.

15. Court appointed counsel shall timely inform the client of matters relating to the preparation, trial and disposition of the case, appellate and writ rights, deadlines, and procedures for proper processing, and such other matters as necessary to provide reasonable assistance of counsel.

16. For the purposes of computing the number of jury trials, an attorney may include hung juries in criminal cases, but must exclude agreed competency hearings.

17. Comply with the Minimum continuing Legal Education Requirements in Attachment L. No exemptions shall be granted from the Mimimum continuing Legal Education Requirements.

B. Educational Requirements

1. Each attorney shall complete a minimum of 6 hours of CLE in the area of juvenile law and procedure each year. All attorneys on the appointment list must file a certificate with the Indigent Defense Coordinator each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in juvenile law. Continuing legal education activity completed with-in a one year period immeditely proceeding an attorney's initial reporting period may be used to meet the educational requirements for the initial year. Continuing legal education activity completed during any reporting period in excess of the minimum of 6 hours for such period may be applied to the following period's requirement. They carryover provision applies to one year only. 

C. Specific Minimal Qualifications for appointment

                1.      Juvenile Cases – Child in Need of Supervision and Delinquent Conduct where commitment to Institutional Division of the Tesas Juvenile Justice Department Not Possible

                                    a.      An attorney must meet all general requriments and have been licensed to practice law in the State of Texas for six months.

                                    b.      An attorney must have participated as trial counsel in one complete criminal or

                                             juvenile jury trial of the grade of class B or higher; or two criminal or juvenile

                                             trials before the Court of the grade of Class B or higher.

                                    c.      Complete a minimum of 6 hours continuing legal education pertaining to juvenile

                                             law during each 12 month reporting period or be currently

Certified in Juvenile Law by the Texas Board of Legal Specialization.      

              2.   Juvenile Cases – Commitment to Institutional Division of the Texas Juvenile Justice Department Possible

                                    a.      An attorney must meet the general requriments and have been licensed to practice law in the State of

                                             Texas for 6 months.

                                    b.      Complete a minimum of 6 hours continuing legal education pertaining to juvenile

                                             law during each 12 month reporting period or be currently Certified in Juvenile

                                              Law by the Texas Board of Legal Specialization. 

                                    c.      An attorney must have participated as trial counsel in 2 juvenile and/or criminal (non-class C)

                                             jury trials, or three  criminal or juvenile trials before the Court (non-class C).

               3.   Juvenile Cases Involving Determinate Sentencing under Section 53.045 Texas Family Code

                                    a.      An attorney must meet all general requriments and have been licensed to practice law in the

                                              State of Texas for 2 years.

                                    b.      Complete a minimum of 6 hours continuing legal education pertaining to juvenile

                                             law during each 12 month reporting period or be currently Certified in Juvenile Law

                                             by the Texas Board of Legal Specialization. 

                                     c.      An attorney must have participated as trial counsel in 4 juvenile and/or

                                             criminal (non-class C) jury trials.

                4.   Juvenile Cases Involving Discretionary Transfer to Criminal Court under Section  54.02 of Texas Family Code

                                    a.      An attorney must meet all general requriments and have been licensed to practice law in the

                                             State of Texas for 3 years.

                                    b.      Complete a minimum of 6 hours continuing legal education pertaining to juvenile

                                             law during each 12 month reporting period or be currently Certified in Juvenile

                                             Law by the Texas Board of Legal Specialization. 

                                     c.      An attorney must have participated as trial counsel in 5 criminal (non-class C)

                                             jury trials, at least 3 of which are felony jury trials within the last 10 years;  OR is

                                             currently Certified in Juvenile Law by the Texas Board of Legal Specialization.

                5.    Appeals Involving Juvenile Cases

                                    a.      An attorney qualified for trial appointment for any level of juvenile case

                                             can receive appellate appointments at that same level.

A.    Appointment of Counsel for Children in Detention

                                            i.      Prior to the detention hearing the court shall inform the parties of the child’s right to counsel and to appointed counsel if they are indigent, and of the child’s right to remain silent as to the alleged conduct.

    ii. Unless the court finds that the appointment of counsel is not feasible due to exigent circumstances, the court shall appoint counsel within a reasonable time before the first detention

        hearing is held to represent the child at that hearing. 

                                        iii.  Prior to the initial detention hearing, the court shall provide the attorney for the child with access to all written matter to be considered by the court in making the detention decision.

                                        iv.   If there is no parent or other responsible adult present, the court must appoint counsel or a guardian ad litem for the child.

                                        v.      If the juvenile is detained, the child has an immediate right to counsel. If counsel has not already been appointed, the court must either appoint counsel or direct the juvenile’s parent or other responsible adult to retain an attorney promptly. The court may enforce an order to retain counsel by appointing an attorney to represent the child and requiring that the child’s parent or other responsible adult reimburse the court for attorneys’ fees.  

                                          vi.      Upon appointment, the court administrator shall notify the appointed attorney by fax, e-mail, or personal contact of the appointment and the scheduled hearing time and date.

                                        vii.      The appointed attorney shall make every reasonable effort to contact a child in detention by the end of the first working day after receiving the notice of appointment or to inform the court that the appointment cannot be accepted.  Contacting the child in detention may be by personal visit (including contact during a detention hearing), by phone, or by video teleconference. Contacting the court may be by fax, email, phone or personal visit. A court-appointed attorney shall contact the child, in one of the ways mentioned above, no less than once every ten working days while the child remains in detention.

                                      viii.      An attorney appointed for a detention hearing shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court. Release of the child from detention does not terminate the attorney’s representation.

                                    ix.      Court-appointed attorneys shall make every effort to comply with the Texas State Bar Code of Ethics for communication with a client.

B.     Appointment of Counsel for Children not Detained at Intake

                                            i.      If the child is released from detention and if a petition to adjudicate or a motion to modify is filed, the juvenile court will use the financial forms gathered at intake to make a determination of indigence. If no financial information is available, the juvenile court shall promptly summon the child’s parent/guardian/custodian to the court so that financial information may be gathered for a determination of indigence.

                                          ii.      If the court makes a finding of indigence, the court shall appoint an attorney on or before the fifth working day after:

a.       The date a petition for adjudication or discretionary transfer hearing has been served on the child; or

b.      A motion to modify disposition seeking commitment to TJJD or placing in secure correctional facility has been filed.

                                        iii.      If the family does not qualify for appointed counsel or if the parent or guardian is not available, and the family fails to provide an attorney, the juvenile court may appoint an attorney in any case in which it deems representation necessary to protect the interests of the child.

                                        iv.      The prosecuting attorney/court clerk shall notify the juvenile court upon the filing of and return of service of a motion to modify or the return of service of a petition for adjudication or discretionary transfer.

A.    The appointing authority will identify which of the appointment lists, discussed in the attorney qualifications section, is most appropriate based on the accusations against the child and will appoint the attorney whose name is from among the next five (5) on the list, unless the court makes a finding of good cause on the record for appointing an attorney out of order. Good cause may include:

                              i.            The child has an attorney already appointed on a prior pending or concluded matter. The same attorney will be appointed to the new matter, unless the attorney is not on the list for the type of offense involved in the current case;

                            ii.            An initial detention hearing is scheduled and the first attorney on the list is unavailable; or

                            ii.            Other good cause exists for varying from the list.

B.     Once appointed, an attorney’s name will be moved to the bottom of the appointment list. An attorney who is not appointed in the order in which the attorney’s name appears on the list shall remain next in order on the list.

C.     Judicial Removal from Case:

                                i.            The judge presiding over a case involving a child may remove appointed counsel upon entering a written order showing good cause for such removal, including without limitation, the following:

1.      Counsel’s failure to appear at a court hearing;

2.      Counsel’s failure to comply with the requirements imposed upon counsel by this plan;

3.      Current information about the child and the charges against the child indicate that another qualified attorney is more appropriate for the child under these rules;

4.      The appointed counsel shows good cause for being removed, such as illness, workload or scheduling difficulties;

5.      The child requests an attorney, other than trial counsel, for appeal; or

6.      The child shows good cause for removal of counsel, including counsel’s persistent or prolonged failure to communicate with the child.

                              ii.            Appointment of Replacement Counsel - Whenever appointed counsel is removed under this section, replacement counsel shall immediately be selected and appointed in accordance with the procedures described in this plan.

A.    Court appointed counsel shall be compensated for all reasonable and appropriate services rendered in representing the accused. Compensation shall be reasonable for time and effort expended and will be in accordance with a fee schedule adopted and approved by the Juvenile Board.

B.     Payment Process - No payment of attorney’s fees will be made other than in accordance with the rules set forth below.

                                1.            Only appointed attorney shall fill out and submit a fee voucher to the court for services rendered.

                                2. The trial judge presiding over the proceedings shall review the request for compensation and either approve or disapprove of the amount requested.

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

B.      An attorney whose request for payment is disapproved or is not otherwise acted on by the 60^th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of this administrative judicial region.

C.     Payment of Expenses:

                                1.            Court appointed counsel will be reimbursed for reasonable and necessary expenses incurred, including expenses for investigation and for mental health and other experts. Expenses incurred with and without prior approval shall be paid according to the procedures set forth below. Whenever possible prior court approval should be obtained before expenses are incurred.

                              2.            Procedure With Prior Court Approval:

A.      Appointed Counsel may file with the trial court a pretrial ex parte confidential request for advance payment of investigative and expert expenses. The request for expenses must state the below, as applicable:

i.       The type of investigation to be conducted or the type of expert to be retained;

ii.      Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and

iii.       An itemized list of anticipated expenses for each investigation and/or each expert.

B.      The court shall grant the request for advance payment of expenses in whole or in part if the request is reasonable. If the court denies in whole or in part the request for expenses, the court shall:

i.       State the reasons for the denial in writing;

ii.      Attach the denial to the confidential request; and

iii.       Submit the request and denial as a sealed exhibit to the record.

                            3.            Procedure Without Prior Court Approval:

A.      Appointed counsel may incur investigative or expert expenses without prior approval of the court. On presentation of a claim for reimbursement, the court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonably incurred. Unreasonable or unnecessary expenses will not be approved.