A.    Definitions, as used in this rule:

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

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

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

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

B.     Eligibility for Appointment

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

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

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

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

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

1.      the nature of the charge(s);

2.      anticipated complexity of the defense;

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

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

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

6.      source of income;

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

8.      outstanding obligations;

9.      necessary expenses; and

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

                            iii.            Factors NOT to be considered in determining indigence:

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

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

C.     Indigence Proceedings:

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

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

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

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

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

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

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

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

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

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

                              v.            If the court determines that a child’s parent(s) or other person(s) responsible for the child has financial resources that enable him to offset in part or in whole the costs of the legal services provided, including any expenses and costs, the court shall order the child’s parent(s) or other person(s) responsible for the child to pay during the pendency of the charges or, if found to have engaged in delinquent conduct or CINS, as court costs the amount that it finds the child’s parent(s) or other person(s) responsible for the child is able to pay.

      The Judges hearing Juvenile cases shall establish attorney appointment lists for the following categories of offenses. Attorneys may apply for and be placed on multiple lists. Applications shall be filed with the designated agent, Cindy Miller, Indigent Defense Coordinator. To be eligible for an appointment list, an attorney must meet the following minimum requirements:

                            A. General Requirements - Mandatory

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

          a.     apply to be included on the list;

         b.     meet the qualifications specified by the judges;   

       c.     meet the applicable qualifications specified by the Texas Indigent Defense 

               Commission; and

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

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

3.    Each attorney must be domiciled in Johnson County, Texas, Somervell County, Texas, or any County contiguous to Johnson or Somervell counties.

4.   Each 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 begin on October 1 and ends on September 30. The report must be submitted through the form prescribed by the Texas Indigent Commission to the court administration office in the County.

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

6.      Each attorney must have  the ability to receive emails 24 hours per day.

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

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

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

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

11.  Each attorney shall meet any additional requirements that may be later imposed by the County Court at Law Judges for Johnson County, Texas.

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

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

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

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

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

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

B.   Educational Requirements

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

C.   Specific Minimal Qualifications for Appointment            

           1.    Juvenile Cases – Child in Need of Supervision and Delinquent Conduct Where Texas Juvenile Justice Department Commitment Not Possible

                                         a.      An attorney must have been licensed to practice law in the State of Texas for six months.

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

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

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

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

                                                 law during each 12 month reporting period  or be currently

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

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

                                          a.      An attorney must have been licensed to practice law in the State of Texas for 6

                                                   months and a member in good standing with the State Bar of Texas.

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

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

                                                  by the Texas board of Legal Specialization.

                                         c.      An attorney must have participated as trial counsel in 2 juvenile and/or criminal 

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

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

                                         a.      An attorney must have been licensed to practice law in the State of Texas for 2 years

                                                 and a member in good standing with the State Bar of Texas.

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

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

                                                  by the Texas Board of legal Specialization.  

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

                                                 criminal (non-class C) jury trials.

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

                                        a.      An attorney must have been licensed to practice law in the State of Texas for 3 years and

                                                 a member in good standing with the State Bar of Texas.

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

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

                                                  by the Texas Board of Legal Specialization.

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

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

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

             5.   Appeals Involving Juvenile Cases

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

                                                  can receive appellate appointments at that same level.

D.     Approval for Appointment Lists - An attorney must be approved by the County Court at Law Judges for each appointment list for which the attorney applies.

E.     Removal from Appointment List - The County Court at Law Judges will monitor attorney performance on a continuing basis to assure the competency of attorneys on the list. An attorney may be removed or suspended, as appropriate, from one or more appointment lists by the request of a Judge serving Johnson County. An attorney so removed may re-apply 30 days after such removal and may request to present the re-application before the Judges in person.

F.    Reinstatement to Appointment Lists

                                1.   An attorney who was removed from the appointment list for non-completion of the required CLE hours may be immediately reinstated upon providing proof that the attorney has completed the required hours so long as the attorney otherwise meets the other qualifications under this Plan.

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

                  3.attorney whop;An attorneywho was removed from the appointment list for not submitting the attorney's annual practice time report may be immediately reinstated upon submission of the report so long as the attorney otherwise meets the other qualifications under this plan.

G.     Duties of Appointed Counsel - Appointed Counsel shall:

                                1.    Notify the court within 72 hours of the receipt of appointment;

                                2.    Make every reasonable effort to:

     1.     Contact the child by the end of the first day after the date on which the attorney is appointed; and

     2.     Interview the child as soon as practicable after the attorney is appointed;

                               3.    Represent the child until:

     1.    The case is terminated;

     2.     The family retains an attorney.

     3.   Appeals are exhausted; or
    

     4.  The attorney is relieved of his duties by the court or replaced by other counsel. 

                             4.     Investigate, either by self or through an investigator, the facts of the case and be prepared to present any factual defense that may be  reasonably and arguably available to the child;

                             5.     Brief the law of the case and be prepared to present any legal defense that may be reasonably and arguably available to the child;

                             6.     Be prepared to negotiate with the prosecutor for the most favorable solution of the case as can be achieved through a plea agreement;

                             7.     Be prepared to try the case to conclusion either with or without a jury;

                             8.     Be prepared to file post-trial motions, give notice of appeal and appeal the case pursuant to the standards and requirements of the Texas Rules of Appellate Procedure;

                             9.     Maintain reasonable communication and keep the child informed of the status of the case; and

                           10.    Advise the child on all matters involving the case and such collateral matters as may reasonably be required to aid the client is making appropriate decisions about the case.

                           11.    Perform the attorney’s duty owed to the child in accordance with these procedures, the requirements of the Code of Criminal Procedure and the Family Code, and applicable rules of ethics.

                           12.  A.  Manage attorney’s workload to allow for the provision of quality representation and the execution of the responsibilities listed in these rules in every case.                                                                 

 H.    Each attorney accepting appointments under this plan acknowledges and understands that this plan is in place solely for the benefit of the indigent child and the existence of this plan does not create any property right to the attorney now or in the future. 

I.     The attorney appointed to represent a child is the attorney of record who is personally and solely responsible for representing the child in the case.

J.    No substitutions or "stand in" allowed without prior Court approval.

K.   In situations wherein the First or Second degree list has been exhausted due to conflicts of interest, high workloads, difficulty of the case or other reasons deemed necessary, a District or County 

Court At Law Judge in such may appoint an attorney from the list maintained by the Presiding Regional Administrative Judge for the 8th Region to represent an indigent juvenile Respondent in

Johnson county, Texas. Attorneys appointed from the Regional list shall be paid an amount of not less than $100.00 per hour nor more than $300.00 per hour for work performed under said appointment.