Midland District Court and County Court Plan
Preamble
10/23/2017

PREAMBLE

 

Every person charged with a criminal offense is entitled to representation by legal counsel.  Indigent persons who are charged with a misdemeanor offense punishable by confinement or charged with any level of felony are entitled to have legal counsel appointed for them.

 

In compliance with the Article 26.04 of the Texas Code of Criminal Procedure, the judges of the district courts, statutory county courts and constitutional county court of Midland County, Texas, adopt the Midland County Indigent Defense Plan (the "Plan"), as set forth herein.

 

The purpose of this Plan is to develop and maintain procedures for the timely appointment of counsel in criminal cases and establish criteria to assure that appointed counsel meet adequate experience and training skill levels for defending indigent defendants in appointed criminal cases.


Prompt Magistration
10/23/2017

MIDLAND COUNTY INDIGENT DEFENSE PLAN

 

I.  RESPONSIBILITIES OF ARRESTING OFFICER AND DETAINING

    AGENCY

 

A.  Unless a person is arrested pursuant to an arrest warrant, bench warrant, capias or other order of a magistrate or judge, the arresting officer must complete and file an offense report and a probable cause affidavit (which may be on one form)       accusing the person of a crime at the time the person is booked into the Midland County jail.  No person shall be booked into the Midland County jail, unless the above conditions are satisfied.

 

B.  The arresting officer or the person having custody of the person arrested shall, without unnecessary delay, take the arrested person or have the arrested person taken before a magistrate.  Every person arrested, with or without a warrant, capias or other order of the magistrate or judge, shall be taken before a magistrate.  Without unnecessary delay means within forty-eight (48) hours after the arrest.

 

C.  At the time a person who was arrested without a warrant, capias or other order of a magistrate or judge is taken before the magistrate, the person responsible for taking such arrested person shall provide the magistrate with information necessary for the magistrate to complete the magistrate's duties, including information about the charge and an affidavit setting forth facts which the magistrate may consider, if the magistrate is required to determine probable cause.

 

D.  If no magistrate or judge shall be found in Midland County, the arresting officer or the person having custody of the arrested person shall take the arrested person or have the arrested person taken before a magistrate or judge in a county bordering Midland County.

 

II.  RESPONSIBILITIES OF THE MAGISTRATE

 

A.  General

 

Within forty-eight (48) hours of a person's arrest, a magistrate must complete certain duties, as follows:

 

          1.  give the arrested person the admonitions required by law;

 

          2.  set an appropriate amount of bail and conditions of bond, if any;

 

3.  in cases where an individual has been arrested without an arrest warrant, capias or other order of a magistrate or judge, determine whether or not there is probable cause to believe the person committed an offense; and

 

          4.  prepare required documentation and a file, as set forth herein.

 

The Justices of the Peace of Midland County shall establish a plan for rotating the responsibility of accomplishing these duties among themselves on a periodic basis.  The Justice of the Peace who has these duties for a particular period, as set forth in such rotation plan, shall perform these duties each day, Monday through Saturday.

 

B.  Judges as Magistrates

 

The judges of the constitutional county court, statutory county courts and district courts of Midland County may sit as magistrates and if they do so, they shall comply with these procedures.

 

C.  Magistrate's Hearing

 

Within forty-eight (48) hours of the arrest, the magistrate shall conduct a hearing (the "magistrate's hearing") and give the arrested person (hereinafter referred to as "defendant") certain admonitions required by law and complete the Magistrate's Warning (Form 1).

 

          1.  When a defendant is first brought before a magistrate, the magistrate shall record the date and time when the defendant was first taken into custody and the date and time when the defendant was brought before the magistrate.

 

          2.  The magistrate shall determine if the defendant can speak and understand English or if the defendant is deaf.  After making such determination, the magistrate shall, in an appropriate manner consistent with Articles 38.30 and 38.31, Texas Code of Criminal Procedure, inform the defendant of the following:

 

                     a.  The magistrate shall give the admonitions required by Article 15.17, Texas Code of Criminal Procedure;

 

                     b.  The magistrate shall give the defendant the admonitions regarding the right to request the appointment of an attorney as required by Article 15.17(e), Texas Code of Criminal Procedure, specifically asking if the defendant wants to request appointment of counsel; and

 

                     c.  If the defendant is not a citizen of the United States of America, the magistrate shall give the defendant the admonitions regarding the right to consular notification, specifically asking if the defendant wants the court to notify the defendant's consular representative of the defendant's arrest or detainment.

 

3.  For persons arrested on an out-of-county warrant, the magistrate will ask the arrestee if he/she would like to request court appointed counsel and the magistrate will record the response.  If court appointed counsel is requested, the magistrate will provide the arrestee with the Affidavit Regarding Indigence (Form 4) and a Financial Information Statement (Form 5) for requesting appointment of counsel.  The magistrate will transmit such forms to the appointing authority in the county issuing the warrant within twenty-four (24) hours of the request being made.

 

          4. An electronic or written record of the communication between the defendant and the magistrate shall be made at the magistrate's hearing of the following:

 

                     a.  the admonitions;

 

                     b.  the magistrate's inquiry of the defendant regarding appointed counsel and the defendant's response; and

 

                     c.  the magistrate's inquiry of the defendant regarding consular notification and the defendant's response.

 

          The record of the magistrate's hearing shall be maintained for the same period of time required for all official records of criminal court proceedings.  Counsel for the defendant may obtain a copy of such record upon payment of a reasonable amount to cover costs of reproduction.

 

          5.  The magistrate shall ensure that reasonable assistance in completing the necessary forms, Affidavit Regarding Indigence (Form 4) and a Financial Information Statement (Form 5) for requesting appointment of counsel, is provided to the defendant at the time of this hearing.

 

          6.  If a magistrate has cause to believe the defendant is not mentally competent to decide whether to request counsel, the magistrate will enter a request for counsel on the defendant's behalf.

 

D.  Magistrate's Setting of Bail and Conditions of Bond

 

At the magistrate's hearing, the magistrate shall set the amount of bail and any conditions of bond for the defendant and complete the Order Setting Bail and Conditions of Release on Bond (Form 2) or similar order.

 

1.  In cases of arrest pursuant to a warrant, capias or other order of a magistrate or judge, the magistrate shall set the amount of bail and conditions of bond, unless the amount of bail and/or conditions of bond are set by such arrest warrant, capias or other order.

 

          2.  In cases of arrest without a warrant, capias or other order of a magistrate or judge, bond shall be set at:


                     a.  $5,000.00 within twenty-four (24) hours of arrest on misdemeanor charges; or

 

                     b.  $10,000.00 within forty-eight (48) hours of arrest on felony charges;

 

          unless the magistrate, within such respective time periods, determines and enters a written finding of probable cause to believe the defendant committed the offense charged. Magistrate's Findings Regarding Probable Cause (Form 3).  The magistrate shall then set the amount of bail and conditions of bond.

 

E.  Magistrate's Finding of Probable Cause

 

Only in cases in which a person is arrested without a warrant, capias or other order of a magistrate or judge, will the magistrate make a finding of probable cause.  Probable cause must be predicated on facts contained in the record which are sufficient to support a reasonable belief that the arrested person committed the offense charged, based upon one or more of the following:

 

          1.  a probable cause affidavit filed by the arresting officer;

 

          2.  an affidavit filed with the magistrate by the prosecuting attorney;

 

          3.  credible documentation filed with the magistrate; or

 

          4.  evidence presented in open court at the magistrate's hearing.

 

If probable cause to arrest is not found, the magistrate shall notify the attorney representing the State and, if requested by the State, the magistrate shall postpone the release of the defendant for not more than seventy-two (72) hours after the defendant's arrest, in compliance with the procedure set forth in Article 17.033, Texas Code of Criminal Procedure. (Form 3)

 

If the magistrate detains any person at the State's request pursuant to this procedure, the magistrate shall notify the court which is vested with jurisdiction for the offense for which the defendant is charged.

 

The magistrate's determination and findings shall be reduced to writing as provided in the Magistrate's Findings Regarding Probable Cause (Form 4).

 

F.  Magistrate's Record and File

 

Immediately after the magistrate's hearing, the magistrate shall assemble and maintain the file for the case, as follows:

 

          1.  The file shall consist of the forms completed by the magistrate and the defendant, if applicable, along with any reports, complaints, or other information provided to the magistrate by the arresting officer or the person bringing the defendant before the magistrate.

 

          2.  The magistrate shall forward, or cause to be forwarded, without unnecessary delay, but not later than twenty-four (24) hours after the defendant requests appointment of counsel, a complete copy of the entire file, including the Affidavit Regarding Indigence (Form 4) and a Financial Information Statement (Form 5) in one package to the District Clerk.

 

          3.  Failure to complete the forms or assemble the file shall not be grounds to dismiss the charges.


Indigence Determination Standards
10/23/2017

IV.  FINANCIAL STANDARDS FOR DETERMINING INDIGENCE

 

A.  Financial Considerations

 

The judge making court appointments of counsel for defendants shall consider the following standards for determining indigence:

 

          1.  Income

 

          The defendant's income from any and all sources and any and all spousal income actually available to the defendant, including:

 

                     a.  all net earned income from wages, salary and other compensation for personal services, including commissions, overtime pay, tips, and bonuses--(gross income earned minus those deductions required by law or as a condition of employment);

 

                     b.  interest, dividends, and royalty income;

 

                     c.  net self-employment income--  (gross income from self-employment, whether positive or negative, including benefits allocated to an individual from a business or undertaking in the form of a proprietorship, partnership, joint venture, limited liability company, other business entity corporation, agency, or independent contractor, minus ordinary and necessary expenses required to produce that income and those deductions required by law or as a condition of operating the business);


                     d.  net rental income--(gross rental income minus ordinary and necessary operating expenses and mortgage payments, but not including non-cash items such as depreciation);

 

                e.  all other income actually being received, including but not limited to severance pay, retirement benefits, pension, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income and dividends, regardless of the source, gifts and prizes, child support, spousal maintenance and alimony;

 

                     f.  seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the defendant has no income or lesser income.

 

          2.  Assets and Property

 

          Assets and property owned by the defendant, or in which the defendant has an interest, which are not exempt from attachment under state law, including but not limited to, cash on hand, stocks, bonds, checking, savings or other account at a financial institution or personal property on deposit with any other person, entity, trust or estate.

 

          3.  Debts

 

          Outstanding debts or other financial obligations of the defendant.

 

          4.  Living Expenses

 

          The ordinary and necessary living expenses of the defendant.

 

          5.  Dependents

 

          The number and age of the defendant's legal dependents.

 

6.  Other Factors

 

          Such other reasonable factors as determined by the judge regarding the financial ability of a defendant to retain counsel.

 

B.  Factors Not to be Considered

 

The judge shall not consider whether the defendant has posted bail, except to the extent that it reflects on the defendant's financial circumstances.  Any resources from friends or family, except spousal income available to a defendant, may not be considered.


C.  Deemed Eligibility for Court Appointed Counsel

 

          1.  Income

 

          A defendant shall be deemed indigent and eligible for appointed counsel, if such defendant's income, less debts and living expenses does not exceed 150% of the poverty guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register, and if the defendant's non-exempt assets and property do not exceed the defendant's debts by the lesser of:

 

                    a.  $2,500;

 

                    b.  $5,000 in the case of a defendant whose household includes a person who is age 60 or over, disabled or institutionalized; or

 

                    c.  double the estimated cost of obtaining competent private legal representation on the offense with which the defendant is charged.

 

          2.  Public Assistance

 

          A defendant is deemed indigent if, at the time of requesting appointed counsel, the defendant or the defendant's dependents have been determined to be eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families,           Supplemental Security Income or public housing.

 

          3.  Incarceration

 

A defendant is deemed indigent if, at the time of requesting appointed counsel, the defendant has no non-exempt assets or property in excess of the amount specified in paragraph C above and is (1) currently serving a sentence in a correctional institution; (2) currently residing in a public mental health facility or (3) the subject of a proceeding in which admission or commitment to a public mental health facility is being sought.

 

D.  Substantial Hardship Eligibility

 

A defendant who does not meet any of the financial standards above may nevertheless be determined indigent, if the defendant is otherwise unable to retain private counsel without substantial hardship to the defendant or the defendant's dependents, taking into account the nature of the criminal charges, the anticipated complexity of the defense, the estimated cost of obtaining competent private legal representation for the matter charged, and the amount needed for the support of the defendant and the defendant's dependents.

 

 

E.  Indigence Duration

 

A defendant determined to be indigent is presumed to remain indigent through the entry of a final judgment in the trial court.

 

F.  Appeal Eligibility

 

To request appointment of counsel for appeal, a defendant must file a new Affidavit Regarding Indigence (Form 4) and a Financial Information Statement (Form 5) and disclose any changes to the information previously provided.

 

G.  Judicial Review

 

A defendant's status as indigent or not indigent may be reviewed in a formal hearing at any stage of the court proceedings, based upon the following:

 

          1.  evidence of a material change in the defendant's circumstances; or

 

          2.  additional information regarding defendant's financial resources.

 

If a defendant who was determined to be indigent is later determined not to be indigent, the attorney previously appointed for the defendant shall be compensated by Midland County for the time reasonably expended in the case, in accordance with this Plan.

 

H.  Appointment of Counsel

 

After reviewing the Affidavit Regarding Indigence (Form 4), the Financial Information Statement (Form 5) and such other information bearing on the financial status of the defendant as the judge deems proper, and determining the defendant qualifies for the

appointment of counsel, the judge shall enter an Order Regarding the Appointment of Counsel (Form 7) and the defendant shall be notified of such appointment.

 

Appointed counsel shall notify the presiding judge of the court in which the case is pending as soon as practicable if counsel receives information that the defendant does not qualify for appointed counsel.

 

I.  Denial of Appointed Counsel

 

After reviewing the Affidavit of Indigence (Form 4), the Financial Information Statement (Form 5) and such other information bearing on the financial status of the defendant as the judge deems proper, and determining the defendant does not qualify for an appointment of counsel, the judge shall enter an Order Regarding the Appointment of Counsel (Form 7) and the defendant shall be notified of the decision.

 

 

Minimum Attorney Qualifications
11/1/2019

V.  STANDARDS FOR ELIGIBILITY AND JUDICIAL APPROVAL FOR PLACEMENT ON LISTS OF ATTORNEYS TO SERVE AS COURT APPOINTED COUNSEL

 

A.  Appointment Lists

 

The judges of the constitutional county court, statutory county courts and district courts shall, not less than annually, review and reform the lists of attorneys eligible for court appointments in misdemeanor, felony, and mental illness cases.  Such lists shall be filed with the District Clerk and County Clerk and made available to the public upon request and payment of a reasonable amount to cover the costs of reproduction.

 

B.  Attorney Application

 

An attorney may, at any time, file a written Application To Be Placed on the List of Attorneys Qualified for Appointment in Indigent Criminal and Mental Illness Cases (Form 9) to receive criminal appointments in the county and district courts of Midland County, Texas

 

To be eligible for placement on an appointment list, the attorney must meet the General Standards of Eligibility and applicable Additional Standards set forth hereafter.

 

C.  Judicial Approval

 

Notwithstanding an attorney meeting the standards set forth herein, an attorney's name may be placed on a specific appointment list only if a majority of the judges approve the attorney's placement on such list.

 

D.  General Standards of Eligibility

 

The standards set forth herein are designed to provide qualified counsel to represent indigent defendants in criminal and mental illness cases.

 

To qualify as appointed counsel, an attorney must:

 

          1.  be licensed to practice law in the State of Texas;

 

          2.  be in good standing with the State Bar of Texas;

 

          3.  exhibit professionalism, reliability, proficiency and a commitment to providing quality representation to criminal defendants;

 

          4.  be familiar with substantive criminal law and criminal procedure;

 

          5.  not have confessed to have provided ineffective assistance of counsel;

 

          6.  maintain the attorney's primary office in Midland County, Texas, where the defendant can meet with counsel.  A post office box is not sufficient to satisfy this requirement;

 

          7.  maintain a telephone and an e-mail address to allow the defendant or court to contact counsel;

 

          8.  have a secretary, receptionist, answering service or a regularly monitored and functioning answering machine;

 

          9.  maintain a secondary telephone line for facsimile transmissions and equipment capable of receiving e-mail twenty-four (24) hours a day;

 

          10.  have the ability to produce typed pleadings and orders;

 

          11.  have attended and completed the State Bar of Texas Advanced Criminal Law Course within the preceding twelve (12) months prior to the initial Application To Be Placed On The List Of Attorneys Qualified For Appointments In Indigent Criminal Cases, if applying to be placed on the felony, misdemeanor or appellate lists;

 

          12.  have on file with the current local administrative district judge and the local administrative statutory county court judge, as applicable, a completed and approved Application To Be Placed On The List Of Attorneys Qualified For Appointments In Indigent Criminal and Mental Illness Cases (Form 9) for the appointment lists in felony, misdemeanor, and mental illness cases.

 

E.  Maintaining Eligibility

 

To maintain eligibility, an attorney must:

 

          1.  meet the General Standards of Eligibility promulgated in this Plan;

 

          2.  attend and complete the State Bar of Texas Advanced Criminal Law Course within the preceding two (2) calendar years;

 

          3.  complete a minimum of six (6) hours of continuing legal education in criminal law during the preceding calendar year;

 

          A reporting period begins on January 1 and ends on December 31 of each year.

 

          Continuing legal education may include activities accredited under Section 4, Article XII, State Bar Rules, self-study, teaching at an accredited continuing legal education activity, attendance at a law school class or legal research-based writing;


          4.  annually submit on or before December 1 of each year to the local administrative district and statutory county court judges, the following:

 

                     a.  an Application To Be Placed On The List Of Attorneys Qualified For Appointments In Indigent Criminal and Mental Illness Cases (Form 9) (the "Application") to be placed on the list of attorneys qualified for appointments in indigent criminal and mental illness cases;

 

                b.  an affidavit detailing the continuing legal education activities completed in the preceding calendar year, including the name of each course, the date(s) attended, the name of the continuing legal education sponsor, and the number of credit hours obtained;

 

                     c.  a copy of the attorney's most recent annual verification report from the State Bar of Texas-Minimum Continuing Legal Education Department; and

 

                     d.  an original letter (gold seal) of good standing from the State Bar of Texas dated within the sixty (60) days prior to the application date; and

 

5.  demonstrate a consistent record of:

 

                     a.  meeting promptly with assigned clients;

 

                     b.  maintaining reasonable contact with assigned clients;

 

                     c.  timeliness for court appearances; and

 

                     d.  preparation for court hearings and trials.

 

          6.  An attorney shall submit by October 15th each year a statement which describes the percentage of the attorney's practice time which was dedicated to work based on appointments accepted in this county for adult criminal cases for the prior twelve (12) months which begins on October 1 and ends on September 30.  The report must be submitted on the form prescribed by the Texas Indigent Defense Commission (Form 11) to the administrative district court  judge in the county.

 

F.       Additional Standards for Misdemeanor List

 

To qualify for appointment to a misdemeanor case, an attorney must also meet the following criteria:

 

          1.  be currently board certified in criminal law by the Texas Board of Legal Specialization;

 

          2.  have practiced in the area of criminal law for at least six (6) months; or


          3.  participate in a mentoring program to serve as co-counsel with one or more experienced criminal defense attorneys in at least three (3) criminal (non-class C) jury trials, at least one of which is a jury trial in either the statutory county courts or district courts of Midland County.

 

G.  Additional Standards for Non-Capital Felony Lists

 

          1.  State Jail and Third Degree Felonies

 

          To qualify for appointment to any case for which the punishment range is that for a state jail felony or for a third degree felony punishment range, including newly indicted cases, motions to revoke community supervision, and motions to revoke community supervision and adjudicate guilt, an attorney must also meet the following criteria:

 

a.  be currently board certified in criminal law by the Texas Board of Legal Specialization; or

 

                     b.  have practiced in the area of criminal law for at least one (1) year; and

 

                               i.  tried to verdict at least two (2) criminal jury trials as lead or co-counsel; or

 

                               ii.  participated in a mentoring program with one or more experienced criminal defense attorneys in at least two (2) criminal jury trials in the statutory county courts or district courts of Midland

                               County.

 

          2.  Second Degree and First Degree Felonies

 

          To qualify for appointment to any case for which the punishment range is that for a second degree felony or a first degree felony, including newly indicted cases, motions to revoke community supervision, and motions to revoke community supervision and adjudicate guilt, an attorney must also meet the following criteria:

 

                     a.  be currently board certified in criminal law by the Texas Board of Legal Specialization; or

 

                     b.  have practiced in the area of criminal law for at least three (3)years; and

 

                     c.  tried to a verdict at least three (3) criminal (non-class C) jury trials as lead counsel, at least two of which were felony jury trials.

 

H. Additional Standards for Capital Felony List

 

 To qualify for appointment to any case for which the punishment  range includes death, an attorney must also meet the following criteria:

 

1.  Lead trial counsel must be on the list of attorneys approved by the local selection committee of the Seventh Administrative Judicial Region of Texas for appointment as lead trial counsel in death penalty cases, as provided in Article 26.052,  Texas Code of Criminal Procedure;

 

2.  Second chair counsel must be on the list of attorneys approved by the local selection committee of the Seventh Administrative Judicial Region of Texas for appointment as lead trial counsel or second chair counsel in death penalty cases as provided in Article

26.052, Texas Code of Criminal Procedure; and

 

3.  Lead appellate counsel must be on the list of attorneys approved by the local selection committee of the Seventh Administrative Judicial Region of Texas for appointment as lead appellate counsel in death penalty cases, as provided in Article 26.052,  Texas Code of Criminal Procedure.


4. The Regional Public Defender for Capital Cases shall be appointed to all capital felony cases unless good cause exists to appoint private counsel.

1. If a co-defendant requests appointment of counsel and is determined to be indigent, the judge shall appoint counsel pursuant to the standards and procedures stated in this Section.

2. If private counsel is appointed to a co-defendant, rather the Regional Public

Defender for Capital Cases, co-counsel will be appointed using the standards and procedures stated in this Section.

5. The Regional Public Defender for Capital Cases may refuse to accept appointment to a

case if:

1.A conflict of interest exists;

2. The Office has insufficient resources to provide adequate representation;

3. The Office is incapable of providing representation  in accordance with the rules of professional conduct;

4. Acceptance of the appointment would violate the maximum allowable caseloads

established for the office; or

5. The Office shows other good cause for refusing appointment.

6. The judge shall immediately contact the attorneys appointed by phone, fax, e-mail or in person and notify the attorneys of the appointment and the last known location of the defendant.

 

I.  Additional Standards for Appellate and Writ List

 

To qualify for appointment to any case for which an appeal or writ is to be taken (except capital felony), an attorney must also meet at least one of the following criteria:

 

          1.  be currently board certified in criminal law by the Texas Board of Legal Specialization;

 

      2.  have personally authored and filed a least three (3) criminal appellate briefs or post-conviction writs of habeas corpus;

 

          3.  have submitted an appellate writing sample approved by a majority of the judges; or

 

          4.  have worked as a briefing clerk of an appellate court for a period of one (1) year or more.

 

J. Additional Standards for Mental Illness List

 

To qualify for appointment to any case involving mental illness (not included in an active criminal case), an attorney must meet the following criteria:

 

          1.  be in compliance with the standards of eligibility set forth in paragraphs D and E herein, except for attending and completing the State Bar of Texas Advanced Criminal Law Course;

 

          2.  have at least one (1) year experience in handling mental illness cases (through serving as hired counsel, volunteering to serve as co-counsel or observation of a least three (3) mental illness hearings);

 

          3.  be knowledgeable with the provisions of the Texas Health and Safety Code; and

 

          4.  have completed at least three (3) hours of approved continuing legal education in the representation of mentally ill persons.


Prompt Appointment of Counsel
10/23/2017

III.  PROCEDURES FOR REQUESTING APPOINTMENT OF COUNSEL

 

A.  Magistrate's Hearing

 

During the magistrate's hearing, the magistrate shall inform the defendant of the right to seek a court appointed attorney and shall provide an opportunity for the defendant to request a court appointed attorney.

 

Such defendant shall complete and file with the magistrate a sworn Affidavit Regarding Indigence (Form 4) indicating whether or not the defendant wishes to have counsel appointed and, if appropriate, the Financial Information Statement (Form 5). The magistrate will ensure the defendant has reasonable assistance in completing the forms.

 

If the defendant does not speak or understand the English language, or if the defendant is deaf, the magistrate shall inform the person in an appropriate manner consistent with Articles 38.30 and 38.31, Texas Code of Criminal Procedure.

 

B.  Release of Defendant Prior to Appointment of Counsel

 

Notwithstanding anything herein to the contrary, if an indigent defendant is released from custody prior to appointment of counsel under this section, appointment of counsel

is not required until the defendant's first court appearance or until adversarial judicial proceedings are initiated or until the defendant makes or renews a request for appointment of counsel, whichever comes first.

 

It will be presumed that such defendant's financial condition has materially improved and counsel will not be appointed, unless the defendant renews the request and discloses any changes to the information previously provided. 

 

C.  Defendant on Bond

 

A defendant on bond requesting appointed counsel will be advised by the judge to complete an Affidavit Regarding Indigence (Form 4) and the Financial Information Statement (Form 5).  If a defendant wishes to request counsel prior to the initial appearance, the forms required to request counsel may be obtained at the Texas Indigent Defense Commission's website at http://tidc.tamu.edu/public.net/ or from the court coordinator of either the 142nd, 238th, 385th or 441st District Court.  The defendant may submit these forms to the District Clerk.  The court will rule on all requests for counsel submitted in this manner

 

D.  Defendant's Refusal of Counsel

 

If an indigent defendant charged with a misdemeanor or felony offense refuses to apply for appointed counsel or, if a non-indigent defendant refuses to hire counsel, the judge of the court in which the case is pending will admonish the defendant as to the right to counsel, the disadvantages of pro se representation, and have the defendant execute a waiver as required by Article 1.051, Texas Code of Criminal Procedure as part of the court's Written Admonishments on Waiver of Counsel for Trial (Form 6).

 

Attorney Selection Process
10/23/2017

VI.  APPOINTMENT PROCEDURES

 

A.  Judicial Appointment

 

After reviewing the Affidavit Regarding Indigence (Form 4), the Financial Information Statement (Form 5) and such other information bearing on the financial status of the defendant as the judge deems proper, and after determining the defendant qualifies for

the appointment of counsel, the judge shall enter an Order Regarding the Appointment of Counsel (Form 7) not later than seventy-two (72) hours after the judge receives the defendant's request for appointment of counsel.  The defendant shall be notified of such appointment.

 

Persons arrested in other counties on local warrants must be appointed counsel within one (1) working day of receipt of the request in counties with a population of 250,000 or more and within three (3) working days of receipt of the request in counties under 250,000.

 

Persons arrested on out-of-county warrants must be appointed counsel if the person has not been transferred or released to the custody of the county issuing the warrant before the eleventh (11th) day after the date of arrest.

 

The procedures for defendants to obtain the necessary forms to request counsel and to submit these forms to the appointing authority are set forth in this Plan.

 

B.  Misdemeanor, Felony and Capital Felony Cases

 

Upon receiving a request for appointed counsel and making a finding of indigence, the judge making the appointment shall review the appropriate list of attorneys and make the appointment on a rotating basis in accordance with Article 26.04, Texas Code of Criminal Procedure.  For good cause, the appointing judges may depart from the appointment rotation.  To be appointed at arraignments, the attorney must be present in court.

 

 C.  Mental Illness Cases

 

Upon receiving a request for appointed counsel and making a finding of indigence, the judge making the appointment shall review the appropriate list of attorneys and make the appointment with the first available attorney, due to the time restrictions imposed by statute.

 

D.  Extradition Cases

 

Upon receiving a request for appointed counsel and making a finding of indigence, the judge making the appointment shall review the appropriate list of attorneys and make the appointment with the first available attorney, due to the time restrictions imposed by statute.

 

E.  Duration of Appointment

 

The appointed attorney shall represent the defendant until (1) a judgment of conviction, acquittal or dismissal is signed; (2) post trial proceedings are completed; (3) an appeal to an intermediate court of appeals is exhausted; (4) the attorney is removed by the court in accordance with this Plan; or (5) the attorney is replaced by other counsel.

 

F.  Appeal

 

At the conclusion of all trial proceedings, including any post-trial motions, if an indigent defendant wishes to appeal, the judge of the court where the case is pending shall appoint an attorney from the appellate list, in accordance with the procedures set forth herein.

 

G.  Multiple Cases with Same Defendant

 

Notwithstanding the foregoing procedures, a judge may appoint as the attorney in the case, the attorney representing the defendant in other pending cases, so long as the attorney meets the qualifications for appointment in all of the cases.

 

H.  Emergency Appointment

 

If no attorney meeting the continuing legal education or board certification requirements required in Section V is available by the time an attorney must be appointed in a case, another attorney may be appointed.

 

I.  Automatic Assignments

 

The levels of criminal appointments in Midland County are 1st degree, 2nd degree, 3rd degree, state jail felony appointments, and misdemeanor appointments.  If an attorney is approved for a higher level of cases, the attorney will automatically be placed on the lower level cases, unless the attorney specifically requests to be exempted from a specific level of case, subject to approval of the district and statutory county court judges.

 

 

VII. REMOVAL OF APPOINTED COUNSEL

 

A. Judicial Removal from Appointment Lists

 

An attorney may be removed from one or more appointment lists by a majority of the judges, whenever the judges determine the attorney:

 

          1.  has twice or more failed to contact or interview clients in a timely manner as required by Article 26.04(j)(1), Code of Criminal Procedure;

 

          2.  has twice or more been removed from a case in the previous twelve (12) month period;

 

          3.  has submitted a claim for legal services not performed as specified in Article 26.05(e), Code of Criminal Procedure;

 

          4.  fails to maintain compliance with each of the appointment list guidelines;

 

          5.  has been found by a federal or state court to have rendered ineffective assistance of counsel during the trial of any criminal case or filed documents admitting having rendered ineffective assistance of counsel in any criminal case;

 

          6.  has violated a rule of professional responsibility;

 

          7.  has been convicted of or received a deferred adjudication for any offense;

 

          8.  is under indictment or being formally charged with an offense, other than an offense punishable by a fine only;

 

          9.  has intentionally misrepresented statements on the Application To Be Placed On The List Of Attorneys Qualified For Appointments In Indigent Criminal and Mental Illness Cases (Form 9) for the appointment list;

 

          10. has accepted an appointment for an offense level for which the attorney has not been approved by a majority of the judges; or

 

          11. has engaged in conduct constituting good cause for removal.

 

The judges may, in their discretion, remove an attorney from one list while continuing to approve the attorney for another list.

 

 

 B.  Suspension from Appointment Lists

 

As an alternative to removal, an attorney may be suspended from receiving any appointments under this Plan by a majority of the judges, whenever the judges determine that the attorney has failed to comply with the requirements imposed upon counsel by this Plan.

 

An initial suspension shall be for a period not to exceed ninety (90) days.  Any action necessitating a second suspension may be for a period of not less than one hundred eighty (180) days or be grounds for removal as set forth above.

 

C.  Voluntary Sabbaticals from Appointment Lists

 

At any time, upon notice and for good cause shown, an attorney or a judge may request that the attorney be placed on a temporary sabbatical from appointments to represent indigent defendants.  Good cause may include various factors including illness, workload and scheduling difficulties. Should the attorney desire to be placed on a list at the conclusion of a voluntary sabbatical, the attorney must comply with all Plan requirements in effect at the time the voluntary sabbatical is concluded.

 

D.  Judicial Removal from Case

 

The judge presiding over a criminal case 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 arraignment or a court hearing, or failure to comply with the requirements imposed upon counsel by this Plan;

 

          2.  current information about the defendant and the charges against the defendant indicates that another qualified attorney is appropriate for the defendant under these rules;

 

          3.  replacement of appointed counsel in a death penalty case is required under Article 26.052(e), Texas Code of Criminal Procedure;

 

          4.  the appointed counsel shows good cause for being removed.  Good cause includes various factors such as illness, workload and scheduling difficulties;

 

          5.  the defendant requests an attorney, other than trial counsel, for appeal; or

 

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

 


E.  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.

 

 

VIII.  RESPONSIBILITIES OF COURT APPOINTED COUNSEL

 

A.  Appear at All Court Hearings

 

The appointed attorney shall appear at all court hearings and shall make reasonable efforts to assure the attendance of the defendant.

 

B.  Attorney Contact with the Defendant

 

The appointed attorney shall secure a copy of the magistrate's file from the District Clerk's office and shall make a reasonable effort as required under Article 26.04(g)(1), Texas Code of Criminal Procedure to contact the defendant, either by mail, facsimile, telephone or in person, by the end of the first (1st) working day after the date of the appointment.

 

By the end of the third (3rd) working day after the date of the appointment, the appointed attorney shall have a person to person conference with the defendant, if the defendant is incarcerated.

 

By the end of the seventh (7th) working day after the date of the appointment, the appointed attorney shall have a person to person conference with the defendant, if the defendant is not incarcerated.

 

B.  Attorney Confirmation of Acceptance of Appointment

 

The appointed attorney is required to file with  the District Clerk, by the end of the tenth (10th) working day after the date of the appointment, the Attorney's Certification (Form 8) that the attorney has:

 

          1.  received the notice of appointment and a copy of the magistrate's file;

 

          2.  made the reasonable effort required under Article 26.04(j)(1), Texas Code of Criminal Procedure to contact the defendant by the end of the first (1st) working day after the date of the appointment;  and

 

                     i.  had a person to person conference with the defendant by the end of the third (3rd) working day after the date of the appointment, if the defendant was incarcerated; or


                     ii. had a person to person conference with the defendant by the end of the seventh (7th) working day after the date of the appointment, if the defendant was not incarcerated.

 

C.  Maintain Reasonable Contact with the Client

 

An appointed attorney shall maintain reasonable contact with a defendant.  Reasonable contact means reasonable response to telephone calls, written communications or electronic communications from the defendant and sufficient personal jail visits, office conferences, telephone calls, written communications or electronic communications to keep the defendant informed of the status of the case.

 

If a defendant is incarcerated, the attorney shall maintain contact and confer with the defendant every fourteen (14) days at a minimum.

 

In the event prompt contact with an incarcerated defendant is not feasible, the attorney shall notify:

 

          1.  the appointing judge, if the case is unindicted; or

 

          2.  the presiding judge of the court, if the case is indicted.

 

IX.  APPOINTMENT OF INVESTIGATORS AND EXPERTS

 

A.  Appointment of Investigators and Experts

 

The courts will appoint investigator(s) and expert(s), as required by law, which are reasonable and necessary to aid appointed counsel in the defense of indigent defendants in felony cases.

 

B.  Motions to be filed

 

Appointed counsel in capital and noncapital cases shall file motions requesting the appointment of investigator(s) and expert(s) which are reasonable and necessary to the defense of the defendant, setting forth the name of the proposed investigator(s) or expert(s) to be retained and the estimated expense related to such appointment.

 

C.  Hearings not Required

 

The appropriate court may enter orders regarding such appointment(s), with or without a hearing.

 

D. Ex Parte Motions and Orders

 

In a capital case, appointed counsel desiring an ex parte appointment of an investigator or expert, shall file motions requesting the appointment of investigators and experts which are reasonable and necessary to the defense of the defendant, setting forth the name of the proposed investigator(s) or expert(s) to be retained and the estimated expense related to such appointment, and present such motions directly to the court in which the case is pending. If the judge approves of the ex parte appointment, orders pertaining to the same shall be sealed and filed with the clerk of the court.

 

Fee and Expense Payment Process
10/23/2017

X.  COMPENSATION OF COURT APPOINTED COUNSEL

 

A. Fee Schedule

 

Pursuant to Article 26.05, Texas Code of Criminal Procedure, as amended, the constitutional county court, statutory county courts and district courts of Midland County with criminal jurisdiction, having taken into consideration the reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, have adopted the following schedule of fees for the compensation of counsel appointed to represent a defendant in a criminal proceeding:

 

          1.  Guilty Plea

 

          Counsel shall be compensated for each felony criminal proceeding resulting in a negotiated plea of guilty, as follows:

 

                        1st and 2nd Degree . . . . . . . . . $ 1,000.00

 

                    3rd & State Jail. . . .. . . . . . . . . . $   750.00

 

          Counsel shall be compensated for each misdemeanor criminal proceeding resulting in a negotiated plea of guilty, as follows:

 

                    Class A and B. . . . . . . . . . . . . $  500.00

 

          The fee is inclusive of all court appearances, out of court services performed and expenses incurred by counsel in the proceeding.

 

          2.  True Plea

 

          Counsel shall be compensated for each felony criminal proceeding resulting in a negotiated plea of true, as follows:

 

1st, 2nd, 3rd Degree & State Jail. . . . $  750.00

 

          Counsel shall be compensated for each misdemeanor criminal proceeding resulting in a negotiated plea of true, as follows:

 

                    Class A and B. . . . . . . . . . . . . $  500.00

 

The fee is inclusive of all court appearances, out of court services performed and expenses incurred by counsel in the proceeding.

 

 

          3.  Dismissal with No Re-Indictment and No Misdemeanor Filing

 

          Counsel shall be compensated at a fixed rate of $250.00 if a felony criminal proceeding is dismissed, whether before or after indictment, and no re-indictment and no misdemeanor charge is filed.  The fee is inclusive of all court appearances, out of court services performed and expenses incurred by counsel in the proceeding.

 

          4.  Dismissal with Misdemeanor Filing

 

          In the event the dismissal is for the purpose of filing a misdemeanor charge against the same defendant, no fee shall be paid for the dismissal of the felony charged.  Counsel shall continue to represent the defendant on the misdemeanor, but shall be compensated at the felony rate.

 

          5.  Hearings and Trials

 

                    a.  Counsel shall be compensated in felony criminal proceedings, as follows:

 

                              Arraignments                                          $  150.00

 

                              Pretrial hearings

                                        without testimony                         $  100.00

                                        with testimony

                                                   minimum       $  150.00

                                                  maximum       $  300.00

 

                              Out of court services                              $  150.00/hour

                              (not to exceed fifteen (15) hours)

 

Trial

                                         Half day rate                                $  750.00

                                         Full day rate                                $1,200.00

 

                    b.  Counsel shall be compensated in misdemeanor criminal proceedings, as follows:

 

                              Arraignments                                          $   50.00

 

                              Pretrial hearings

                                        without testimony                         $  100.00

                                         with testimony

                                                   minimum       $  100.00

                                                   maximum      $  200.00

 

                              Out of court services                              $  100.00/hour

                              (not to exceed ten (10) hours)

 

                              Trial

                                        Half day rate                                $  500.00

                                        Full day rate                                 $  800.00

 

 

          6.  Out of Court Services

 

          "Out of court services" means the reasonable and necessary time of counsel for conferences, negotiation, and trial preparation in criminal proceedings resulting in a contested trial.  It does not include routine legal research.  Legal research on novel or unusual matters may be compensated, upon prior written approval of the court.

 

          7.  Capital Cases in Which the State Seeks the Death Penalty

 

          Counsel shall be compensated in capital felony criminal proceedings in which the State seeks the Death Penalty, as follows:

 

                    a.  Lead trial counsel shall be compensated at an hourly rate of $250.00 per hour for all services performed, not to exceed a total amount set by the presiding judge of the court in which the case has been assigned.  The total fee shall be set by the presiding judge based upon the prevailing standards throughout the State of Texas for compensation of appointed counsel in capital death penalty cases and the complexity of the case.

 

                    b.  Second chair trial counsel shall be compensated at an hourly rate of $175.00 per hour for all services performed, not to exceed a total amount set by the presiding judge of the court in which the case has been assigned.  The total fee shall be set by the presiding judge based upon the prevailing standards throughout the state for compensation of appointed counsel in capital death penalty cases and the complexity of the case.

 

          8.  Multiple Cases

 

          If a defendant has multiple cases which are disposed on or about the same time, counsel shall be compensated as follows:

 

a.  Felony - $100.00 per case not to exceed three (3) additional cases; and

 

                     b.  Misdemeanor - $ 50.00 per case not to exceed three (3) additional cases.

 

9.  Withdrawal of Counsel

 

If counsel files a motion to withdraw that is granted by the Court, counsel shall be compensated no more than $250.00, except for good cause shown.

 

          10.  Appellate Services

 

          Counsel shall be compensated in criminal appellate and writ proceedings, as follows:

 

                    a.  Felony - counsel shall be compensated at an hourly rate of $150.00 per hour, not to exceed twenty (20) hours or $3,000.00, whichever is less.

 

                    b.  Misdemeanor - counsel shall be compensated at an hourly rate of $150.00 per hour, not to exceed ten (10) hours or $1,500.00, whichever is less.

 

                    c.  If appellate counsel was not the trial counsel, additional compensation may be authorized for the reading of the statement of facts at the rate of one (1) hour for each day of trial testimony.

 

                    d.  For appeals of death penalty sentences, appellate counsel shall be compensated at an hourly rate of $175.00 per hour, not to exceed a total amount set by the presiding judge of the court in which the case has been assigned.  The total fee shall be set by the presiding judge based upon the prevailing standards throughout the state for compensation of appointed counsel in appeals of death penalty sentences and the complexity of the case.

 

                    e.  Upon prior written court approval, counsel shall be reimbursed for reasonable and necessary expenses to appear before an appellate court, including transportation, lodging and meals.  Reimbursement shall be at the rates authorized by the Commissioners Court of Midland County, Texas for reimbursement of travel expenses of county employees.

 

B.  Expenses

 

In addition to attorney's fees, appointed counsel shall be entitled to reimbursement of reasonable and necessary expenses, as follows:

 

          1.  In a non-capital felony or misdemeanor case, without prior written court approval, counsel shall be reimbursed for the following expenses:

 

                    a.  actual cost of long distance telephone charges incurred for the investigation and preparation of the case;

 

                    b.  actual cost of collect calls received from a defendant, if such defendant is incarcerated;

 

                    c.  actual cost incurred to obtain medical records of the defendant for the investigation and preparation of the case;

 

                    d.  actual cost of copying or printing multiple copies of the appellate brief or writ furnished to the court of appeals or the Court of Criminal Appeals; and

 

                    e.  actual cost of mailing or shipping multiple copies of the appellate brief or writ furnished to the court of appeals or the Court of Criminal Appeals;

 

          2.  In a non-capital felony or misdemeanor case, with prior written court approval, counsel shall be reimbursed for the following expenses in accordance with Article 26.05, Texas Code of Criminal Procedure:

 

                    a.  expenses incurred for investigation and assistance in the preparation of the case; and

 

                     b.  expenses incurred for mental health and other experts.

 

3.  In a capital felony case with prior written court approval, counsel shall be reimbursed for the following expenses in accordance with Articles 26.052(f) and (g), Texas Code of Criminal Procedure:


                     a.  expenses incurred for investigation and assistance in the preparation of the case; and

 

                    b.  expenses incurred for mental health and other experts.

 

 

          4.  In a capital felony case, without prior written court approval, counsel shall be reimbursed for the following expenses in accordance with Article 26.052(h), Texas Code of Criminal Procedure:

 

                    a.  expenses incurred for investigation and assistance in the preparation of the case; and

 

                    b.  expenses incurred for mental health and other experts.

 

          5.  Reimbursement of expenses incurred for purposes of investigation or expert testimony may be paid directly to a private investigator licensed under Chapter 1702, Texas Occupations Code or the Private Investigators and Private Security Agencies Act, Article 4413 (29bb) of Vernon's Texas Civil Statutes or to an expert witness in the manner designated by appointed counsel and approved by the court.

 

          6.  An application for payment of expenses shall itemize each expense, including the date the expense was incurred, a brief description of the expense, and the amount of the expense. Grouping of several expenses under one charge or one date shall not be permitted.

 

          7.  Appointed trial counsel shall not be compensated for time spent in travel without approval of the court.

 

          8.  Having taken into consideration reasonable and necessary overhead costs in adopting this fee schedule, counsel shall not be otherwise reimbursed for expenses which are considered part of the usual and customary overhead of a law office, such as secretarial, paralegal, photocopying, postage, supplies, facsimile transmission charges or expenses, and local telephone charges.

 

C.  Request for Payment

 

Counsel shall make a request for payment of services and expenses as set forth herein:

 

          1.  No payment shall be made until a request for payment conforming to this order is submitted to the judge presiding over the proceedings and the judge approves the payment.  The court shall not act upon a request for payment which does not conform to the requirements of this Plan.

 

2.  An application for payment shall be upon a form promulgated by the courts (Form 10).

 

          3.  All services, including telephone conferences shall be billed in increments of not more than one-tenth (.10) of an hour, except for good cause shown.

 

          4.  All services shall be itemized for each separate service performed, including the date of the service, a brief description of the service and the time required to perform the service.  Grouping of several services under one time charge shall not be permitted.

 

          5.  All expenses shall be itemized for each separate expense incurred, including the date of the expense, a brief description of the expense and the amount of the expense.  Grouping of several expenses under one charge shall not be permitted.

 

          6.  An application for payment shall be timely filed.  An application for payment for trial services and related expenses shall be deemed timely filed if it is presented to the court within thirty (30) days of the date of sentencing, acquittal or dismissal of the proceeding.

 

          An application for payment for appellate services and related expenses shall not be presented until the filing of the defendant's brief in the appellate court, and shall be deemed timely filed if it is presented within thirty (30) days after the date the brief is filed.

 

          The court may refuse any application for payment which is not timely filed.

 

D.  Approval or Disapproval of Request for Payment

 

Upon receipt of a request for payment, the judge presiding over the proceedings shall review the request and submit it for payment, if approved. If a request for payment is not approved, in whole or in part, the judge shall make written findings stating the amount approved and each reason for the difference from the amount requested.

 

E.  Appeal of a Request for Payment

 

If a request for payment is not approved, in whole or in part, an attorney may make an appeal by filing a motion with the presiding judge of the administrative judicial region, as provided under Article 26.05(c), Texas Code of Criminal Procedure.

 

Any such appeal shall be governed by the rules for the appeal of a trial court's disapproval of a requested court appointed attorney's fee, as adopted by the Seventh Administrative Judicial Region of Texas.


F.  No Remuneration from Defendant

 

An appointed attorney shall not accept any remuneration from or on behalf of a defendant whom the court has determined to be indigent. 


Miscellaneous
10/23/2017

XII.  MISCELLANEOUS

 

A.  Adoption of Plan

 

The Midland County Indigent Defense Plan has been adopted by the judges of the constitutional county court, statutory county courts and district courts as a countywide program for appointing counsel for the representation of indigent defendants charged with criminal offenses in such courts under Article 26.04(g), Texas Code of Criminal Procedure.

 

 B.  Plan Not a Limitation on Court Powers

 

Nothing within the Midland County Indigent Defense Plan limits the inherent powers of the respective courts, including but not limited to the following:

 

          1.  the power to appoint attorneys in the interest of justice;

 

          2.  the power to administer the docket; and

 

          3.  the power to maintain the efficient functioning of the court.

 

 

 

ADOPTED AND SIGNED this 20th day of October, 2017.

 

 

 

__/s/__________________________                 __/s/_________________________

George D. Gilles                                                       Elizabeth B. Leonard

142nd District Court                                                238th District Court

 

 

 

__/s/__________________________                 __/s/_________________________

David W. Lindemood                                               Robin M. Darr

318th District Court                                                  385th District Court

 

 

 

__/s/__________________________                 __/s/_________________________

Rodney W. Satterwhite                                           Michael R. Bradford

441st District Court                                                  County Court

 

 

 

__/s/__________________________                 __/s/_________________________

K. Kyle Peeler                                                           Marvin L. Moore

County Court at Law                                               County Court at Law No. 2

Plan Documents
Midland District and County Court Affidavit of Indigence.doc (11/3/2015 8:30:38 AM) view
Midland District and County Court All Forms.docx (11/10/2009 3:26:00 PM) view
Midland District and County Court Attorney Application for Appointment.doc (11/3/2015 8:43:56 AM) view
Midland District and County Court Attorney Fee Schedule.docx (11/10/2009 3:56:34 PM) view
Midland District and County Court Attorney Fee Voucher.pdf (10/23/2017 2:16:50 PM) view
Midland District and County Court Attorney Reporting Form.doc (11/3/2015 8:48:32 AM) view
Midland District and County Court Attorney's Certification.doc (11/3/2015 8:45:51 AM) view
Midland District and County Court Magistrate's Findings Regarding Probable Cause.doc (11/3/2015 8:33:31 AM) view
Midland District and County Court Magistrates Warning Form.docx (11/10/2009 3:24:25 PM) view
Midland District and County Court Magistrate’s Warning Form.doc (11/3/2015 8:36:36 AM) view
Midland District and County Court MIDLAND COUNTY INDIGENT DEFENSE PLAN 2011 ALL FORMS.doc (10/28/2011 3:42:01 PM) view
Midland District and County Court Midland District and County Court Financial Information Statement.docx (10/23/2017 2:23:57 PM) view
Midland District and County Court Order Approving Payment of Counsel.doc (11/3/2015 8:48:55 AM) view
Midland District and County Court Order Regarding Appointment of Counsel.doc (11/3/2015 8:46:42 AM) view
Midland District and County Court Order Setting Bail and Conditions of Release.doc (11/3/2015 8:38:29 AM) view
Midland District and County Court TIDC Attorney Reporting Form.PDF (10/31/2013 2:10:31 PM) view
Midland District and County Court Waiver of Counsel.docx (11/10/2009 3:25:42 PM) view
Midland District and County Court Written Admonishments on Waiver of Counsel for Trial.doc (11/3/2015 8:40:20 AM) view