Not yet completedNot yet completedNot yet completedNot yet completedNot yet completedNot yet completed

VII.  Miscellaneous

                        A.  Responsibility of Court Appointed Counsel

              

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 personally interview the defendant as soon as practicable. It is presumed that a period of five (5) working days from the day of appointment is a practicable time in which to personally interview the defendant. An attorney contacting the defendant via the county's videoteleconference equipment will satisfy the personal interview requirement.

 

Court appointed counsel on the approved list must maintain an office with a phone which is answered by an individual from 9:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m. Monday through Friday (except for Taylor County holidays as set out in the official Taylor County calendar approved by the Taylor County Commissioner’s Court) and which person can promptly locate the attorney and notify the attorney of the appointment or hearing setting. Any change in address, telephone number, fax number, or e-mail address on an attorney on any list must be given in writing to the Indigent Defense Coordinator and each County Court at Law Judge and District Court Judge in Taylor County prior to the change.

 

Court appointed counsel shall comply with all laws, rules, procedures, and ethical provisions for providing reasonable assistance of counsel to their client. Court appointed counsel shall maintain a high standard of ethical conduct and always be completely candid with the trial court.

 

Court appointed counsel shall timely inform their 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.

 

Court appointed counsel shall represent a defendant until the defendant is acquitted, appeals are exhausted, or the court, after entering a finding of good cause on the record, relieves the attorney and/or replaces the attorney with other counsel.

 

An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's 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 begins on October 1 and ends on September 30.  The report must be submitted through the online form to the Texas Indigent Defense Commission.   

 

B.  Removal of Attorneys from Court Appointed List(s)

 

1.     Grounds for Removal

An attorney may be removed from the appointment list if the attorney:

a.      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 and this plan;

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

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

d.      has been found by a court to have provided ineffective assistance of counsel

e.      has violated a rule of professional responsibility;

f.      has been convicted of or received a deferred adjudication for any an offense, other than an offense punishable by a fine only;

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

h.      has intentionally misrepresented statements on the application for the appointment List.

 

An attorney may also be removed from the appointment list for another stated good cause.

 

2.     Referral

 

If a judge believes that an attorney has violated any of the provisions listed in the paragraph above, the judge may refer an attorney to the board of judges for removal from the appointment list. The referral must be in writing and shall clearly state the grounds that form the basis of the referral. No disciplinary action with respect to the attorney being retained or removed from the appointment list may be made without such a referral

                       

3.     Notification/Hearing

 

Upon receiving an attorney referral, the board of judges shall notify the attorney in writing of the referral and inform the attorney of the grounds that form the basis of the referral. The notice shall also inform the attorney of the time and place the board of judges will meet to discuss the referral and give the attorney an opportunity to respond to the referral in writing or in person or both.

 

4.     Action

 

After the judges meet and give the attorney an opportunity to be heard, the judges shall determine whether the attorney should:

a.   remain on the appointment list at the same level;

b.   be moved to an appointment list for indigent defendants charged with less serious offenses; or

c.   be removed from appointment list altogether

 

The attorney may be removed from the appointment list or moved to an appointment list for indigent defendants charged with less serious offenses by a majority vote of the judges present. In addition, the majority of the judges may also vote to require the attorney to take other rehabilitative measures. Removals from any list may be probated. For removal or probated removals, the judges ordering the removal may require the completing of rehabilitative measures as a condition of probation or reapplication. An order of removal should state in the order the earliest date at which the attorney may apply for reinstatement. An attorney who was removed from an appointment list under “Grounds for Removal”, number 7 or 8, shall be immediately reinstated upon providing proof that the charges were dismissed or that the attorney was acquitted, unless other grounds for removal exist against the attorney that would prohibit reinstatement.

 

The decision of the board of judges is final and may not be appealed.

 

C.  Annual Review of Lists of Court Appointed Counsel

      

           The Taylor County Court at Law Judges shall annually review and reform the list of eligible court appointed  

           counsel and post the list on the 5^th floor and make the list available to the public upon request.

 

           The Taylor County District Court Judges shall annually review and reform the list of eligible court appointed       

           counsel and post the list outside the Taylor County District Clerk’s office and make the list available to the public 

           upon request.

 

 

 

Callahan Coleman Taylor District and County Court Affidavit of Indigence.docx (10/25/2021 2:35:59 PM) view
Callahan Coleman Taylor District and County Court Attorney Application for Appointment.doc (10/24/2019 4:47:53 PM) view
Callahan Coleman Taylor District and County Court Attorney Fee Schedule.doc (5/27/2021 4:49:57 PM) view
Callahan Coleman Taylor District and County Court Attorney Fee Voucher.doc (11/17/2009 11:19:01 AM) view
Callahan Coleman Taylor District and County Court Callahan and Coleman County Fee Schedule.doc (11/23/2009 9:19:37 AM) view
Callahan Coleman Taylor District and County Court Magistrates Warning Form.doc (11/17/2009 11:03:30 AM) view
Callahan Coleman Taylor District and County Court Order to Pay Court Appointed Attorneys.doc (11/17/2009 11:37:22 AM) view
Callahan Coleman Taylor District and County Court Waiver of Counsel.doc (11/17/2009 11:32:40 AM) view