The judges of the county courts, statutory county courts, and district courts trying criminal cases in Callahan, Coleman, and Taylor Counties (hereinafter referred to as “the Judges”), in order to promote the timely and fair appointment of competent and effective legal counsel to indigent defendants, while at the same time ensuring that public funds are wisely spent, hereby adopt and publish these written countywide procedures (hereinafter referred to as “the Plan”). These procedures are intended to comply with TEX. CODE CRIM. PROC. art. 26.04 as well as all other applicable laws and the Constitutions of the State of Texas and the United States of America.

 

The Judges expect that attorneys appointed to represent indigent defendants will continuously adhere to the rules in the Plan.

 

The judges trying criminal cases in Taylor County hereby designate the Taylor County Indigent Defense Coordinator as an appointing authority for the purpose of determining the indigence of and appointing counsel for defendants in Taylor County under TEX. CODE CRIM. PROC. art. 26.04(b)(1). The judges of Taylor County are also appointing authorities in Taylor County. In Coleman and Callahan Counties, the court having jurisdiction of the criminal case shall be the appointing authority.

A.1 Arresting Officer Responsibilities

The person making the arrest or the person having custody of the person arrested shall, without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested. The arrested person may be taken before the magistrate in person, or the image of the arrested person may be presented to the magistrate by means of a videoconference.

 

Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause must be completed and filed at the time the person arrested is booked into jail for any felony or misdemeanor punishable by incarceration.

 

A.2 Duties of Magistrate

The Justices of the Peace of Taylor County, Texas, shall establish a plan and rotate holding magistrate’s hearings each morning. The magistrates of Callahan and Coleman Counties shall establish a plan and ensure that a magistrate holds magistrate’s hearings each morning.

 

At the magistrate’s hearing, the magistrate shall determine if the person arrested can speak and understand English. In addition, the magistrate shall determine if the person arrested is deaf. If either such determination is made, the magistrate shall comply with TEX. CODE CRIM. PROC. art. 15.17, 38.30, and 38.31 in the performance of the magistrate’s duties.

 

The magistrate shall explain the right to counsel and the right to appointed counsel to the person arrested, and shall inform the person arrested of the procedures for requesting appointment of counsel. The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person arrested.

 

The magistrate shall make and retain a record of having informed the person arrested of the right to request appointment of counsel and whether the person requested appointment of counsel. If the magistrate has reason to believe the accused has a mental illness or is a person with an intellectual disability, the magistrate shall enter a request for counsel on behalf of the accused.

 

If the person arrested, including a person arrested on an out-of-county warrant, requests a court-appointed attorney, within 24 hours of the request the magistrate shall transmit the request for appointed counsel to the appropriate appointing authority, so that the appointing authority can make a determination of indigence and, if the person is indigent, appoint counsel within three working days.

                       

     

B.1 Definitions

For purposes of this section, the term ‘Court’ includes any appropriate Judge, as well as any designated appointing authority.

 

“Net household income” means all income of the accused and spousal income actually available to the accused. 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 accused has no income or less income.

 

“Non-exempt assets and property” means cash in hand, stocks and bonds, accounts at financial institutions, and equity in real or personal property that can be readily converted to cash, other than assets and property exempt from attachment under state law.

 

B.2 Presumption of Indigence

Upon receipt of a request for appointed counsel, the Court shall, within three days of the date of receipt of the request, make a determination of indigence. The person arrested is presumed indigent if, at the time of requesting appointed counsel, the person arrested or his dependents are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families (TANF), Supplemental Security Income, or public housing. The person arrested is presumed indigent if his net household income 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, and the value of his non-exempt assets and property does not exceed double the estimated cost of obtaining competent private legal representation for the offense with which he is charged.

 

B.3 Factors to be Considered – No Presumption of Indigence

If the person arrested is not presumed indigent under the above-listed qualifications, the Court shall evaluate the request for appointed counsel and make a determination of indigence considering the following: (1) whether retaining counsel would cause a substantial hardship to the person arrested or his dependents; (2) the nature of the criminal charges; (3) the anticipated complexity of the defense; (4) necessary expenses for the person arrested and his dependents; (5) his income and its source; (6) assets and property owned; (7) outstanding obligations; (8) the number and ages of his dependents; (9) spousal income available to the person arrested; (10) whether the person is currently serving a sentence in a correctional institution, 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.

 

B.4 Indigent Status

Taking into consideration the above factors, a Judge will determine whether the person is indigent. The Judge may also determine whether the person has financial resources that enable him to offset in part or in whole the costs of the legal services, pursuant to TEX. CODE CRIM. PROC. art. 26.05(g).

 

A person determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the person’s financial circumstances occurs. Indigent status may be reviewed by a Judge at any stage of court proceedings on motion of the person arrested, his attorney, or the attorney representing the state.    

                    

An attorney may, at any time, file a written application to be placed on the list of attorneys qualified to receive criminal appointments in a county covered under this plan. A separate application may be required for each county. To be eligible for placement on an appointment list, the attorney must meet the general standards of eligibility and the additional standards as set forth below.

 

C.1 Misdemeanor Cases

To be considered for appointment to the approved list of attorneys eligible for appointment in misdemeanor cases, an attorney shall complete an application for placement on said list and submit it to the appropriate court. Applications are available from each misdemeanor court.

 

The County Judge and County Court at Law Judges (if applicable) of their respective counties shall periodically review and make additions and deletions to the list and approve the applications to be included on the list of eligible attorneys. Such list will be posted at the courthouse and made available to the public upon request.

 

Those attorneys who the County Judge and County Court at Law Judges (if applicable), for their respective counties, have found by majority vote not to be qualified to represent defendants in criminal cases before the County Courts and/or County Courts at Law will be excluded from the lists for appointments for misdemeanors. An attorney may appeal his exclusion from the list by requesting a conference with the appropriate Judge(s).

 

C.2 Felony Cases

The District Judges of their respective counties shall establish the following lists from which attorneys for indigent defendants shall be appointed in felony cases: (1) first-degree felonies and capital felonies in which the death penalty is not sought; (2) second-degree felonies; (3) third-degree felonies; (4) state jail felonies; (5) appeals and post-conviction writs. In addition, when unable to appoint the Regional Public Defender for Capital Cases, the District Judges shall use the List of Attorneys Qualified for Appointment in Capital Cases in which the Death Penalty is Sought provided by the Seventh Administrative Judicial Region of Texas, but will appoint attorneys from that list who also reside in Callahan, Coleman, or Taylor Counties when possible, unless there exists good cause not to do so.

 

To be considered for appointment to the approved list of attorneys eligible for appointment in felony cases, an attorney shall complete an application for placement on said list and submit it to the appropriate court. If the application is for Taylor County, then the applicant will submit it to the Local Administrative Judge for Taylor County.

 

The Judges of the District Courts for Taylor County will review and vote on applications for eligibility to receive felony appointments, and attorneys approved by a majority of the District Judges will be placed on the appointment list. The District Judge for Callahan and Coleman County will review applications for those counties and approve of whom he will. The appointment lists may be modified from time to time as necessary. The appointment lists will be posted at the courthouse and made available to the public upon request.

 

If the Judges of the District Courts of their respective counties find by a majority vote that an attorney is not qualified to represent defendants in felony cases or that the attorney intentionally or repeatedly fails to fulfill his duties, then the said attorney will be excluded from the list for appointments for felonies. The District Judges may, by a majority vote finding good cause, impose conditions or sanctions on an attorney as a requisite for inclusion on the list. An attorney may appeal any decision of the District Judges by requesting a conference with them.

 

C.3 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 interview the defendant as soon as practicable.

 

Court-appointed counsel shall timely inform the client of any matter 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 effective assistance of counsel. Court-appointed counsel shall comply with the Texas Disciplinary Rules of Professional Conduct. Court-appointed counsel shall keep his client reasonably informed about the status of his case and promptly comply with reasonable requests for information.

 

Court-appointed counsel shall represent a defendant until (1) charges are dismissed; (2) the completion of trial and direct appeal to a court of appeals; or (3) the Court orders that the attorney is discharged.

The Court may replace or sanction a court-appointed attorney if the court-appointed attorney does not meet the responsibilities of his representation.

 

C.4 Standards for Eligibility as Appointed Counsel

The following standards are designed to provide for a systematic method of providing qualified counsel to indigent defendants in criminal cases. These standards address principles of eligibility and certification for trial and appeal.

 

C.4.1 General Standards

The following requirements are for all attorneys accepting criminal appointments at any level:

The attorney shall be familiar with the criminal laws of the State of Texas and relevant portions of the United States Constitution. The attorney shall be a member in good standing of the State Bar of Texas or admitted pro hac vice. The attorney shall be familiar with the Texas Rules of Evidence.

 

The attorney must annually complete a minimum of eight hours of continuing legal education (CLE) in the area of criminal law. Each attorney must submit proof of having met the CLE requirements annually to the Indigent Defense Coordinator for Taylor County. The Indigent Defense Coordinator for Taylor County shall promulgate forms and maintain records of compliance. Each reporting period begins on January 1 of each year and ends on December 31. Attorneys who are board certified in criminal law by the Texas Board of Legal Specialization need only submit proof of current certification. CLE completed during any reporting period in excess of the eight-hour minimum may be applied to the following year’s requirement. The carryover provision applies to one year only.

 

Each attorney must electronically submit by October 15 of each year the percentage of the attorney’s practice time that was dedicated to work based on appointments accepted in Fisher, Mitchell, and Nolan counties for adult criminal and juvenile cases for the prior twelve months that begins on October 1 and ends on September 30 of each year.

 

C.4.2 Misdemeanor List

Attorneys who meet the General Standards described above are eligible for inclusion on the misdemeanor appointment list. If an attorney does not exhibit proficiency, professionalism, reliability, and commitment to providing quality representation to criminal defendants, then the attorney may be removed from the list.

 

C.4.3 State Jail Felony List

To be eligible to be included on the State Jail Felony List, an attorney must first meet the General Standards, described above. In addition, the attorney must have been practiced in the area of criminal law for at least one year, and have exhibited proficiency, professionalism, reliability, and commitment to providing quality representation to criminal defendants.

 

C.4.4 Third Degree Felony List

To be eligible to be included on the Third Degree Felony List, an attorney must first meet the General Standards, described above. In addition, the attorney must have been practiced in the area of criminal law for at least two years, and have exhibited proficiency, professionalism, reliability, and commitment to providing quality representation to criminal defendants. In addition, the attorney must have tried to verdict at least one criminal jury trial as lead counsel. The minimum jury trial requirement may be waived by the District Judges if they find the Applicant otherwise qualifies and has sufficient experience.

 

C.4.5 Second Degree Felony List

To be eligible to be included on the Second Degree Felony List, an attorney must first meet the General Standards, described above. In addition, the attorney must have been practiced in the area of criminal law for at least two years, and have exhibited proficiency, professionalism, reliability, and commitment to providing quality representation to criminal defendants. In addition, the attorney must have tried to verdict at least two criminal jury trials as lead counsel. The minimum jury trial requirement may be waived by the District Judges if they find the Applicant otherwise qualifies and has sufficient experience.

 

C.4.6 List for First Degree Felonies and Non-Death-Penalty Capital Cases

To be eligible to be included on the list for First Degree Felonies and Non-Death-Penalty Capital Cases, an attorney must first meet the General Standards, described above. In addition, the attorney must have been practiced in the area of criminal law for at least three years, and have exhibited proficiency, professionalism, reliability, and commitment to providing quality representation to criminal defendants. In addition, the attorney must have tried to verdict at least three criminal jury trials as lead counsel. The minimum jury trial requirement may be waived by the District Judges if they find the Applicant otherwise qualifies and has sufficient experience.

 

C.4.7 Appellate List

To be eligible to be included on the Appellate List, an attorney must first meet the General Standards, described above. In addition, the attorney must have either (1) personally authored and filed at least one criminal appellate brief or post-conviction writ of habeas corpus; or (2) have submitted an appellate writing sample approved by a majority of the judges.

 

C.5 Public Defender’s Office Eligible for Appointments at all Levels

The Concho Valley Public Defender’s Office (CVPDO) is eligible for all of the foregoing appointment lists. It is the responsibility of the Chief Public Defender to ensure that adequate supervision and training are provided for the attorneys of the CVPDO to meet their statutory and ethical obligations to the clients they are appointed to represent under this plan.

D.1 General Statements

Counsel shall be appointed as soon as possible to indigent defendants, but no later than the end of the third working day after the date on which the appointing authority receives the defendant’s request for court-appointed counsel. “Working day” means Monday through Friday, excluding official state holidays. Counsel must be appointed regardless of whether a case has yet been filed in the trial court.

 

If the defendant is released from custody prior to the appointment of counsel, and the defendant does not otherwise request appointed counsel, appointment of counsel is not required until the defendant’s first court appearance or when adversarial judicial proceedings are initiated, whichever comes first.

 

If an indigent defendant is arrested in another county based on an arrest warrant from Callahan, Coleman, or Taylor County, counsel will be appointed within three working days of receipt of a request for counsel. If a defendant is arrested in Callahan, Coleman, or Taylor County based on another county’s warrant, counsel will be appointed for the defendant if, on the eleventh day after the arrest, the defendant is still in custody in Callahan, Coleman, or Taylor County.

 

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/; from the Taylor County Indigent Defense Coordinator or from the 42nd District Court (for Callahan and Coleman County cases). The defendant may submit these forms to the Taylor County Indigent Defense Coordinator, 300 Oak St., Suite 504, Abilene, Texas 79602; or to the 42nd District Court, 300 Oak St., Abilene, Texas 79602 (for Callahan and Coleman County cases).

 

D.2 Misdemeanors

The appointing authority, upon a finding of indigence and request for court-appointed counsel, shall issue an order appointing counsel and deliver it to the attorney. The appointing authority shall immediately contact the appointed attorney and notify said attorney of the appointment and the last known location of the defendant.

 

When an attorney is appointed to represent an indigent defendant on a felony, that attorney will also be appointed to represent the defendant on all misdemeanors pending against the defendant, unless another attorney has already been appointed to represent the defendant as to the misdemeanor(s).

 

D.3 Non-Capital Felonies

The appointing authority, upon a finding of indigence and request for court-appointed counsel, shall issue an order appointing counsel and deliver it to the attorney. The appointing authority shall immediately contact the appointed attorney and notify said attorney of the appointment and the last known location of the defendant.

 

D.4 Capital Felonies in which the Death Penalty is Not Sought

The appointing authority, upon a finding of indigence and request for court-appointed counsel, shall issue an order appointing counsel and deliver it to the attorney. The appointing authority shall immediately contact the appointed attorney and notify said attorney of the appointment and the last known location of the defendant.

This indigent defense plan is adopted as a program for appointing counsel for indigent defendants in criminal cases under TEX. CODE CRIM. PROC. art. 26.04(g).

 

Nothing in this plan limits the Court’s inherent powers, including the power to appoint attorneys in the interest of justice and the power to administer the Court’s docket.

 

E.1 Appointment of the Concho Valley Public Defender’s Office (CVPDO)

In compliance with Articles 26.04(a) and (f) of the Texas Code of Criminal Procedure, this plan provides for priority appointment of the CVPDO such that the CVPDO shall receive up to 69% of all non-capital felony appointments, 30% of all misdemeanor appointments, and up to 90% of all juvenile cases within caseload limits for the CVPDO as established by its Sustainability Grant, or unless the Court makes a finding of good cause for appointing other counsel.

 

The CVPDO may not accept an appointment under Article 26.04(f) if: (1) a conflict of interest exists that has not been waived by the client; (2) the public defender’s office has insufficient resources to provide adequate representation for the defendant; (3) the public defender’s office is incapable of providing representation for the defendant in accordance with the rules of professional conduct; (4) the acceptance of the appointment would violate the maximum allowable caseloads established at the public defender’s office; or (5) the public defender’s office shows other good cause for not accepting the appointment.

 

E.2 Attorney Selection Process other than CVPDO

Upon determining that an accused person is eligible for appointment of an attorney, the appointing authority shall review the appropriate list of attorneys. The appointing authority may appoint the CVPDO instead of an attorney from the list. The appointing authority shall appoint the CVPDO when appropriate. If appointment of the CVPDO is not appropriate, then the appointing authority shall appoint an attorney among the next five names on the list unless (1) the defendant requesting appointed counsel does not understand English, in which case the appointing authority will appoint the attorney who both appears next in order on the list and can communicate with the defendant in the defendant’s language; or (2) in unusual circumstances, the appointing authority makes a finding of good cause on the record for appointing an qualified attorney whose name is not among the next five names.

 

Whenever an attorney is appointed out of order under the above rules, the attorney who is appointed out of order will move to the last place in order on the list.

 

E.3 Procedure in Death Penalty Cases

The Regional Public Defender for Capital Cases shall be appointed to all capital felony cases unless the court makes a finding of good cause on the record to appoint private counsel. If a co-defendant requests appointment of counsel and is determined to be indigent, the appointing authority shall appoint counsel from the list of eligible attorneys kept by the Presiding Judge of the Seventh Administrative Judicial Region. The appointing authority shall immediately contact the attorney appointed and notify the attorney of the appointment and the last known location of the defendant.

Court-appointed counsel, other than the CVPDO, shall receive such reasonable compensation as established by standing order of the Judges.

 

The fee schedule adopted by formal action of the Judges shall comply with Article 26.05 of the Texas Code of Criminal Procedure and all applicable law and shall be submitted to the Taylor County Commissioner’s Court.

 

Each appointed attorney, other than the CVPDO, shall prepare an itemized statement of the services performed, the date of such performance, and the actual time spent on each such date and service, and shall submit said statement to the trial judge. An attorney need not itemize his services if he is requesting the minimum standard fee. The statement shall be submitted within 30 days of disposition of the trial case, or, in the case of an appeal, within 30 days of the mandate being issued. For good cause shown, the trial judge may exercise discretion in the receipt of and payment for later submitted statements and requests for payment.

 

If the trial judge disapproves the requested amount, the judge shall make written findings stating the amount of payment approved and the reasons for approving an amount different from the requested amount. The attorney whose request for payment has been disapproved may, by written motion, file an appeal with the presiding judge of the administrative region. An attorney whose request for payment is not acted upon by the 60th day after the date the request was submitted may appeal the failure to act by filing a written motion with the presiding judge of the administrative region.

 

Expenses incurred by attorneys without prior approval shall be reimbursed if they are reasonable and necessary.

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
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Callahan Coleman Taylor District and County Court Waiver of Counsel.doc (11/17/2009 11:32:40 AM) view