Williamson Juvenile Board Plan
Preamble
8/5/2010

In accordance with the Texas Fair Defense Act and §51.101 of the Texas Family Code (Appointment of Counsel Plan), the Juvenile Board of Williamson County adopts the following plan to govern the process of application, appointment, attorney list selection, retention, and removal as it applies to appointing attorneys to represent indigent juveniles.  It is the responsibility of the Juvenile Board to ensure competent representation of indigent juveniles.

The Juvenile Board of Williamson County consists of the County Judge and District Judges of Williamson County.  The board meets no less than quarterly in accordance with the Texas Open Meetings Act.  The board has elected a chairman who operates and is responsible for the administrative duties of the board.  The board may impose policies, procedures and guidelines to implement this plan in order to guarantee effective representation to juveniles whose families may be indigent.

 

Prompt Detention Hearings
10/24/2017
It is the policy of the Williamson County Juvenile Services Department to insure all juveniles referred to the juvenile detention center are processed in a consistent manner concerning the detention of a juvenile.  It is a priority of the Department to keep juveniles in custody only for the minimum amount of time required to resolve the case in a manner that is in the best interest of the community and child. 
1.  Juvenile is brought to detention center for a Class B Misdemeanor or greater along with the following accompanying documentation:
a)  Completed Offense report with probable cause statement
b)  Completed CR43J form - Green & Blue copies.  (White original and finger print card should have been mailed to DPS.)
2.   Review offense report for following elements:
a)   Offense report shall include a probable cause statement (Texas Family Code 54.01(o) (Probable cause must be reviewed by Juvenile Judge and documented within 48 hours of being taken into custody if a detention hearing is not scheduled within 48 hours).
b)   CR43J form is complete.  Finger prints have been taken and sent to DPS. (Texas Family Code 58.102, 58.109)
c)   Juvenile’s age at time of alleged offense is confirmed between the ages of 10 through 16. (Texas Family Code 51.02)
d)   Offense occurred in Williamson County and/or arrest was made in Williamson County.
e)   Check prior referrals and/or current supervision status on Juvenile Case Management System and document that the child meets at least one (1) of the six (6) criteria for detention.  (Texas Family Code 53.02)
f)   Make initial decision to detain or release.
3.   Notify parent as soon as possible that juvenile is at the detention center, (Texas Family Code 53.01(c), stating the reason the child was taken into custody, and discuss with parent issues addressed on “Detention Intake Check List”.   If decision is made to detain juvenile, inform parent of the following time frames and parameters for required actions.
4.   If the child is not released by intake, then a Detention Hearing shall be held not later than the second working day after the child is taken into custody unless the child is detained on a Friday, Saturday or listed holiday in which case the detention hearing shall be held on the first working day after the child is taken into custody.[Sec. 54.01(a), FC]   
5.   Prior to the detention hearing the court shall inform the parties of the child’s right to counsel and to appointed counsel if they are indigent, and of the child’s right to remain silent as to the alleged conduct. Unless the court finds that appointment of counsel is not feasible due to exigent circumstances, the court shall appoint counsel within a reasonable time before the first detention hearing is held to represent the child at that hearing. (Sec 54.01 (b-1), FC)
6.   Parent(s) must be present at scheduled detention hearing. In the event a parent is not present, a guardian ad litem will be appointed by the juvenile judge for the hearing. 
7.  Parents will be notified by Probation Officer of date and time of  next scheduled hearing (will be no later than 10 working days.
8.  If detained, a petition will be filed by the Juvenile Prosecutor within 10 working days, unless released by the Court within those 10 days.
 
Indigence Determination Standards
10/25/2017
APPOINTMENT PLAN AND PROCEDURE:
In accordance with §51.10 (D) of the Texas Family Code, a juvenile and his or her parent/guardian shall be informed by the Juvenile Court of their responsibility to obtain counsel.  They shall be informed that a determination of indigence is based on the income and assets of the parent or other person responsible for the Juvenile. They will be given instructions for formally requesting appointment of counsel along with the form necessary to make such request at each of the following stages of the juvenile’s case:
·         an initial detention hearing;
·         the time petition service is made;
·         any time a request is made to the Juvenile Court Judge for appointed counsel.
Parents will be notified of their responsibility to complete and turn in the application for appointed counsel to the Juvenile Court within 3 days of service date by the summons officer.
Appointment of counsel shall not be made without cooperation from the parent/guardian in completing the required application unless waived by the Juvenile Court Judge.  The application form shall be completed and sworn to under oath by the parent/guardian who completed the form.  The completed application form shall be delivered to the Juvenile Court by the parent/guardian in order for the Juvenile Court Judge to make a determination as to their eligibility for appointed counsel at the earliest practicable moment.  The Juvenile Court Judge shall make the determination of whether the juvenile’s family is financially able to employ an attorney to represent the child within the following time frames and through the use of the following guidelines:
·         if possible, before the initial detention hearing or within one working day from the day the juvenile is detained; otherwise;
·         within 2 working days from the day the application is delivered to the Juvenile Court, but no later than the first docket call, whichever comes first.

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 can 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 affidavit of indigence and through oral examination, may not be for any purpose other than:
1.   Determining if child is (or is not) indigent; or
2.   Impeaching direct testimony of the child or the child’s parent(s)/person(s) responsible regarding the child’s indigence.
iii.   A request by the appointing authority for additional information, documentation, and/or verification cannot delay appointment of counsel beyond the timelines specified in Parts I and IV of these rules.
iv.   A child determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the child’s financial circumstances occurs.
1.   A child’s status as indigent or not indigent may be reviewed in a formal hearing at any stage of a court. The child’s indigent status will be presumed not to have changed. The presumption can be rebutted in the review proceedings based on the following:
a.   Evidence of a material change in the child’s parent(s)/person(s) responsible and the child’s financial circumstances; or
b.   Additional information regarding the child’s parent(s)/person(s) responsible and the child’s financial circumstances that shows that they do not meet any of the standards for indigence contained in these rules.
2.   If a child previously determined to be indigent is subsequently determined not to be indigent, the attorney shall be compensated by the county according to the fee schedule for hours reasonably expended on the case.
v.   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.
Minimum Attorney Qualifications
10/26/2017

MINIMUM ATTORNEY QUALIFICATIONS

 

This plan recognizes an “A List” and a “B List” based on attorney experience, severity of allegations against a juvenile and possible disposition outcomes of the case.

 

The “A List” shall encompass cases concerning:

  • Delinquency cases with the possibility of commitment to TJJD – including Motions to Modify Probation

  • Determinate Sentence possibility

  • Discretionary transfer into adult court

 

An attorney with credentials and experience placing them on the “A List” may represent a juvenile in any case.

 

The “A List” attorneys shall possess the following minimum qualifications:



OR




The Juvenile Court Judge may make an exception for good cause shown based on similar criminal court experience or specialized training and experience sufficient to demonstrate the ability to handle “A List” level matters.

 

The “B List” shall encompass cases concerning:



The “B List” attorneys shall possess the following qualifications:




The Juvenile Court Judge may make an exception for good cause shown based on similar criminal court experience or specialized training and experience sufficient to demonstrate the ability to handle “B List” level matters.


Appeals:


Attorneys with credentials and experience qualifying for the "A List" or attorneys  who have received Board Certfication by the Texas Board of Legal Specialization in Appeallate Law are eligible to handle juvenile appeals. 

Any new attorney requesting to be added to the appointment list may submit a letter and resume outlining their experience and qualifications.  The judge receiving application from an attorney shall forward  the information to the acting Juvenile Court Judge who may make a preliminary appointment to the list.  The Juvenile Court Judge shall forward the information to the Director of Juvenile Services who will place the application as a discussion item at the next Juvenile Board meeting..  Official placement on the appointment list shall be made by majority vote of the Juvenile Board during a Board meeting in accordance with the Open Meetings Act.

No attorney found to have provided ineffective representation by an appellate court, bar disciplinary committee, or Juvenile Board shall be eligible to receive appointments without the approval of a majority vote of the Juvenile Board during a Board meeting in accordance with the Open Meetings Act.

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 October 1 and ends September 30. The report must be submitted through the online form to the TIDC. 

 

MINIMUM CONTINUING LEGAL EDUCATION REQUIREMENTS

Any attorney qualified for either “A List” or “B list” must complete a minimum of 6 hours of continuing legal education pertaining to juvenile law during each 12 month reporting period (beginning in October 2018).  A minimum of 3 of the 6 hours must be completed through the Juvenile Services Department Continuing Education Program.

 

Reporting Period:

(a)  Continuing legal education activity completed within a one-year period immediately preceding an attorney’s initial reporting period may be used to meet the educational requirements for the initial year.

(b)  Continuing legal education activity completed during any reporting period in excess of the minimum six hour requirement for such period may be applied to the following period’s requirement. The carryover provision applies to one year only.

(c)  To be included on the appointment list, each attorney must annually submit an affidavit to the county detailing the juvenile continuing legal education activities completed in the prior year. Alternatively, an attorney may annually submit documentation showing the attorney is currently certified as a specialist in juvenile law.

Official placement on the appointment list shall be made by majority vote of the Juvenile Board during a Board meeting in accordance with the Open Meetings Act.

 

Emergency Appointment:

If there is no attorney available who meets these continuing legal education or board certification requirements by the time an attorney must be appointed in a case, another attorney may be appointed. The person making an appointment shall give priority to an attorney with experience in juvenile law.

Official placement on the appointment list shall be made by majority vote of the Juvenile Board during a Board meeting in accordance with the Open Meetings Act.

STANDARDS AND RESPONSIBILITIES FOR ATTORNEYS

  1. The appointed attorney shall visit the child no less than once every ten working days while the child remains in detention
  2. The appointed attorney shall have contact, either by phone or personal visit with the child no less than once between each court setting if the child is not in detention
  3. The appointed attorney shall have contact with the child's probation officer no less than once between each court setting
  4. Attorneys serving as the Detention Attorney shall have contact with the child as soon as practicable after receiving notice of child being detained but no later than one hour prior to the first detention hearing 
  
Attorney Contact Information:
 
Last name:
 
 
First name:
 
 
State Bar Card #:
 
 
Physical address :
 
 
(not a post office box)
 
 
Mailing address:
 
 
 
 
 
Telephone #:
 
 
 
Fax #:
 
 
 
Pager #:
 
 
 
Cellular Phone #:
 
 
 
E-mail address:
 
 
 
 
                                                                                                                                     (Check Yes or No)
1.     Are you currently in good standing with the State Bar of Texas and the Williamson County Bar Association?
 Yes   /    No
2.     Are you currently under indictment or charged for a criminal offense other than class C traffic offenses?
 Yes   /    No
3.     Are you certified by the Texas Board of Legal Specialization in juvenile law?
 Yes   /    No
4.     Are you a member of the State Bar College?
 Yes   /    No
5.      Have you ever been sanctioned by the State Bar Grievance Committee?
 Yes   /    No
6.     Do you have an appeal pending of any State Bar sanction?
 Yes   /    No
7.     Have you ever been sanctioned for failure to appear before a court?
 Yes   /    No
8.     Has a court ever found that you have provided ineffective assistance of counsel?

9. Have you ever been convicted or placed on deferred adjudication for any offense other than a class C traffic offense?

 Yes   /    No

            Yes   /    No


 
 
Experience:                           
  1. What percentage of your practice is juvenile law?                                                                    ________________

     

  2. What percentage of your practice is criminal law?                                                                    ________________

     

  3. Approximately how many juvenile cases have you handled?                                                    ________________   

     

  4. Of the cases in #3, how many were felony offenses?                                                                ________________   

     

  5. Of the cases in #3, how many were contested?                                                                         ________________   

            

  6. Approximately how many criminal cases have you handled?                                                  ________________

     

  7. Of the cases in #6, how many were felonies?                                                                           ________________   

     

  8. How many criminal cases have you tried before a jury?                                                          ________________

     

  9. Approximately how many appeals have you handled?                                                            ________________   

     

  10. Do you have unique training or skill in mental health cases?                                                  ________________   

     

  11. Are you fluent in any language other than English                                                                  ________________   
                         If so, what language? ________________________________________              

  12. Do you represent any municipality as a judge or attorney?                                                     ________________   

                         If so, please list _____________________________________________

     

  13. Do you have any legal conflicts that would prohibit you from taking appointments?

If so, please list _____________________________________________



I am applying to be considered for the following appointments: (check all that apply)

________________    Juvenile “B List”

________________    Juvenile “A List”

________________    Juvenile Appeals


 

I, ________________________________________, the undersigned attorney, hereby state under oath that all of the above information is correct, that I have read and understand the requirements set out in the Public Appointment Qualifications and that I meet the qualifications for the appointment level which I seek.  I understand that I have a duty to promptly notify the Local Administrative District Judge and the Juvenile Judge of any matter that may make me ineligible to receive appointments under the application qualifications, and to notify the Local Administrative District Judge and the Juvenile Judge of any changes to the information contained in this application.  I understand that I may be removed from the appointment list for failure to meet any qualifications or attorney requirements stated in the Public Appointment Qualifications for the appointment level which I seek.

 

_________________________________________________

Attorney

On this date personally appeared before me, ____________________________________, who after being properly identified and placed under oath swore before me that all of the information stated on the foregoing Application for Juvenile Appointments is the truth.

                                                                                                                                              Name ___________________________________

                                                                                                                                                       Office of person taking oath:

                                                                                                                                                        ____________________________________


 
 

 

REQUIRED ATTACHMENTS

 

1.  Your most recent reporting year CLE report from the State Bar of Texas.

2.  If you have been sanctioned by the Bar Grievance Committee in the last 10 years, attach the decision(s) by the Committee and, if desired, a written explanation.

3.  If you have been sanctioned for failure to appear before a Court in the last 10 years, attach any applicable court documents and, if desired, written explanation.

4.  If a Court has found that you have provided ineffective assistance of counsel in the last 10 years, attach any applicable documents and, if desired, a written explanation.

5.  If you have ever been convicted of or placed on deferred adjudication for any offense other than class C level, attach copies of all formal orders (or those deferring adjudication) and judgments.

6.  If you are applying for appeals, list the appeals and case numbers in which you authored the briefs.

7.  If you are applying for appointments, list the requisite contested matters by case name and number for the level at which you seek appointments.

8. If you are requesting special consideration for inclusion on the appointment list based on specialized experience or for application to the Mentoring Program, please attach an explanation of your qualifications.

9. A resume.

Prompt Appointment of Counsel
10/26/2017

Prompt Appointment of Counsel

Unless the court finds that appointment of counsel is not feasible due to exigent circumstances, the

court shall appoint counsel within a reasonable time before the first detention hearing is held to

represent the child at that hearing. (Sec. 54.01(b-1), FC)  If the child was not represented by an

attorney at the detention hearing and determination was made to detain the child, the child shall

immediately entitled to representation by an attorney. [Sec. 51.10(c), FC]

If not detained, an appointment of counsel determination must be made on or before 5th working day

after the date the petition for adjudication, motion to modify, or discretionary transfer hearing was

served. [Sec. 51.101(c)-(d), FC]

 

A.    Appointment of Counsel for Children in Detention

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

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

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

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

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

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

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

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

 

B.  Appointment of Counsel for Children not Detained at Intake 

       

If a child was released at the initial detention hearing, or was released by intake, or referred to the

juvenile court without being taken into custody, and a petition is then filed, the Juvenile Court,

upon making a finding of indigence, shall appoint an attorney on or before the 5thworking day

after the date a petition has been served on the child. Forms to request a court appointed attorney

and to determine eligibility, Parent/ Guardian Application for Court Appointed Attorney and

Acknowledgement Form, shall be provided to the juvenile and/ or the juvenile’s parents at the

time of service. These forms will also notify the child and child’s parent that the forms must be

returned to the Detention Intake Supervisor at 200 Wilco Way Georgetown, TX 78626 within

working days, if they intend to apply for a court appointed attorney. The Detention Intake

Supervisor will immediately forward the forms to the Juvenile Court Judge for a decision.

 





Attorney Selection Process
10/26/2017

ATTORNEY LIST SELECTION:

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

i.    The child requesting counsel does not understand English, in which case the judge will appoint the lawyer whose name appears next in order and speaks the clients’ language, if one is available;

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

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

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

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

C.   Judicial Removal from Case:

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

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

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

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

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

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

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

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

RETENTION:

An attorney will remain on the appointed counsel list until a letter is submitted to the Juvenile Board stating the reason(s) why they wish to be removed from the list.

REMOVAL:

Attorneys who fail to conduct themselves in a professional and ethical manner or who demonstrate an inability to effectively handle juvenile matters as required by the juvenile board may be subject to removal from the appointment list.

A Juvenile Board member may request an attorney be removed from the list by arranging a closed and confidential hearing before the Juvenile Board.  The attorney who is sought for removal shall have the right to notice of the hearing and opportunity to be heard and present evidence and testimony.  The Board will by majority vote determine whether or not to remove an attorney from the appointment list following the request and hearing procedure stated above.

Appointed attorneys who become ineligible for appointment will be removed from the appointment list by the Juvenile Court Judge and may only be reinstated by a majority vote of the Juvenile Board.  The Juvenile Court Judge will provide notice to the attorney removed from the list within 3 working days of the date of removal.  The attorney removed shall have the right to seek reinstatement at a closed and confidential hearing before the Juvenile Board.

 

Fee and Expense Payment Process
10/26/2017
 

A majority of the Juvenile Board having approved it, this Supplemental Plan is added to and is now a part of the Plan for Appointment of Counsel as follows:

Investigative and Expert Expenses

Counsel appointed in a non-capital case shall be reimbursed for reasonable and necessary expenses, including expenses for investigation and for mental health and other experts. Expenses incurred with and without prior court approval shall be reimbursed, according to the procedures set forth below. When possible, prior court approval should be obtained before incurring expenses for investigation and for mental health and other experts.

Procedure With Prior Court Approval:

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

(1)  the type of investigation to be conducted or the type of expert to be retained;

(2)  specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and

(3)  an itemized list of anticipated expenses for each investigation or each expert.

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

(1)  state the reasons for the denial in writing;

(2)  attach the denial to the confidential request; and

(3)  submit the request and denial as a sealed exhibit to the record.

Procedure Without Prior Court Approval:

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

Articles 26.05(d), 26.052(f), (g) & (h), Code of Criminal Procedure

FEE PAYMENT SCHEDULE:

In compliance with Family Code §51.10. (Right to Assistance of Attorney; Compensation) and with Texas Code of Criminal Procedures Art. 26.04. [494] [558] [547] (Court shall appoint counsel), attorneys shall be compensated according to the following fee schedule:

·         Detention hearing(s)  $200.00 without further proceedings

·         Routine Adjudication and Disposition $750.00

·         Contested hearings and trials $1,200.00 per day; $600 per half day

·         Appeals $125.00 per hour

Discretionary Adjustment:

For non-standard cases,including determinate sentence and certification/transfer cases, an hourly fee may be paid in the amount of $75.00 - $125.00 per hour


The Juvenile Court may approve additional expenditures upon good cause shown and reserves the discretion to deviate upward or downward in awarding an attorney fee (whether by the hour or by the total awarded fee) depending upon the time and labor required, the complexity of the case, and the experience and ability of the appointed counsel.



TO THE COMMISSIONERS COURT

 

 

OF WILLIAMSON COUNTY, TEXAS

 

 

 

 

 

 

 

Pay To:

 

 

 

 

 

 

 

 

 

 

 

Federal Identification Number

 

 

 

or

 

 

 

 

 

 

 

Social security number

Is Firm a Corporation?     YES     NO

 

 

 

 

 

 

 

CAUSE NO.

 

 

 

 

 

 

 

 

THE STATE OF TEXAS vs.

 

IN THE MATTER OF

 

IN THE INTEREST OF

 

 

 

 

 

Criminal

 

Juvenile (initials only)

 

Ad intern

 

 

 

 

 

Comments:

 

 

 

 

 

 

 

 


I hereby approve payment for the above cause in the amount of $

 

 

 

 

 

 

 

 

 

 

Judge ________ Judicial District of Texas

 

 

 

 

 

 

 

 

 

 

 

Date:

 

, 20

 

 

Plan Documents
Williamson Juvenile Board Affidavit of Indigence.doc (11/12/2009 2:56:54 PM) view
Williamson Juvenile Board Attorney Application for Appointment.docx (10/26/2017 5:10:17 PM) view
Williamson Juvenile Board Attorney Fee Schedule.doc (11/12/2009 3:06:12 PM) view
Williamson Juvenile Board Attorney Fee Voucher.doc (11/12/2009 3:03:37 PM) view
Williamson Juvenile Board Court Appointed Attorney on Record Form.docx (11/12/2009 3:36:57 PM) view