A.    A child taken into custody must either be brought to a juvenile processing office without unnecessary delay where they may not be detained for longer than six hours pursuant to §52.025, Family Code, or another disposition authorized by §52.02, Family Code, including referral to the office designated by the juvenile board as intake for the juvenile court.  The intake officer shall process the child according the requirement of §53.01, Family Code, and shall also inform the child and the child’s parents of the right to appointed counsel if they are indigent and provide a form for the purpose of determining eligibility for appointment of counsel. 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. 

B.     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.

C.     The detention hearing may be conducted without the presence of the child’s parent(s) or other responsible adult(s), however, in these cases the court must immediately appoint counsel or a guardian ad litem to represent the child.

D.    The court shall provide the attorney for the child access to all written matter to be considered by the Court in making the detention decision.

F.  Eligibility.  Persons shall be deemed indigent or unable to afford an attorney if such person’s income does not exceed 125% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register, and if the person’s non-exempt assets do not exceed the person’s debts by the lesser of:

 

(1) $2,500;

 

(2) $5,000 in the case of a person whose household includes a person who is age 60 or over, disabled, or institutionalized; or

 

(3) double the estimated cost of obtaining competent private legal representation on the offense with which the Juvenile is charged.

 

G.  Substantial Hardship.  A  Juvenile or person who is responsible for the Juvenile’s support who does not meet any of the financial standards above shall nevertheless be determined indigent if the Juvenile is otherwise unable to retain private counsel without substantial hardship to the affiant or the affiant’s dependents, taking into account the nature of the juvenile charges, the anticipated complexity of the defense, the estimated cost of obtaining competent private legal representation for the matter charged, and the amount needed for the support of the affiant and the affiant’s dependants.

 

H.  Presumption.  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.

 

I.  Review.  A person’s status as indigent or not indigent may be reviewed in a formal hearing at any stage of a court proceeding based on evidence of a material change in such person’s circumstances.  A person’s status as indigent or not indigent also may be reviewed in a formal hearing at any stage of a court proceeding based on additional information regarding financial circumstances, subject to the presumption.  If a person previously determined to be indigent subsequently is determined not to be indigent, a lawyer appointed for the Juvenile shall be compensated by the county in accordance with these rules for the time reasonably expended in the case.

 

1.

a.              have (3) years of experience in criminal litigation and;

b.             be a member in good standing of the State Bar of Texas;

c.                have filed a brief or argued two (2) cases before the Courts of Appeal of Texas, the Texas Supreme Court, the Texas Court of Criminal Appeals, Fifth Circuit Court of Appeals or United States Supreme Court.

 

2.     In all other felonies and misdemeanors:

a.        be a member in good standing of the State Bar of Texas;

b.        an attorney shall have (1) year experience in appellate practice and procedure and filed a brief or argued a case before the Courts of Appeal for the State of Texas, the Texas Court of Criminal Appeals, the Texas Supreme Court, Fifth Circuit Court of Appeals or United States Supreme Court or shall have (2) years of general experience in criminal litigation.

 

F.  Counsel for Writs of Habeas Corpus: Counsel shall have at least 1 year experience in criminal or juvenile litigation.

 

 

AND AS SUPPLEMENTED BY AMENDMENT APPROVED BY THE JUVENILE BOARD IN 2004:

 

Appointment in Juvenile Cases.  An attorney who meets the requirements of this rule may be appointed to represent an indigent juvenile detained for or accused of engaging in delinquent conduct or conduct indicating a need for supervision, if the attorney is otherwise eligible to be appointed under the Appointment of Counsel Plan.

An attorney may be appointed under this rule only if the attorney:

(1) Completes a minimum of six hours of continuing legal education pertaining to juvenile law during each 12 month reporting period.  The first reporting period will begin on April 27, 2003, and then on the first day of each reporting period thereafter.  Continuing legal education may include activities accredited under Section 4, Article XII, State Bar Rules, self-study, teaching at an accredited continuing legal education activity, attendance at a law school class or legal research-based writing; or

(2) Is currently certified in juvenile law by the Texas Board of Legal Specialization.

 

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 requirement 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.

 

Emergency Appointment.

If no attorney who meets these continuing legal education or board certification requirements is available 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.

No later than October 15 of each year, each attorney must submit a written report on the form prescribed by the Texas Indigent Defense Commission describing the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in the County or District for adult criminal cases and for 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 Texas Indigent Defense Commission’s online portal.

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

                                            i.      If the child is released from detention and if a petition to adjudicate or a motion to modify is filed, the juvenile court will use the financial forms gathered at intake to make a determination of indigence. If no financial information is available, the juvenile court shall promptly summon the child’s parent/guardian/custodian to the court so that financial information may be gathered for a determination of indigence.

                                          ii.      If the court makes a finding of indigence, the court shall appoint an attorney on or before the fifth working day after:

a.       The date a petition for adjudication or discretionary transfer hearing has been served on the child; or

b.      A motion to modify disposition seeking commitment to TYC or placing in secure correctional facility has been filed.

                                        iii.      If the family does not qualify for appointed counsel or if the parent or guardian is not available, and the family fails to provide an attorney, the juvenile court may appoint an attorney in any case in which it deems representation necessary to protect the interests of the child.

                                        iv.      The prosecuting attorney/court clerk shall notify the juvenile court upon the filing of and return of service of a motion to modify or the return of service of a petition for adjudication or discretionary transfer.

1.  The Tom Green County Juvenile Board shall approve a list of attorneys eligible for appointment in CHINS cases on or before January 1 of each year and such list shall be posted outside of the District Clerk's office and available to the public upon request.  The list may be modified from time to time as necessary.

 

2.  The Tom Green County Juvenile Board shall annually review, and make additions and deletions to the list and approve the list of eligible court appointed lawyers and cause the list to be posted outside the Tom Green County District Clerk's office and made available to the public upon request.

 

C.  Delinquent Conduct Cases.  The Tom Green County Juvenile Board shall establish the following lists from which lawyers for indigent juvenile respondents shall be appointed in Delinquent Conduct cases: (1) First Degree; (2) Second Degree; (3) Third Degree; (4) State Jail Felonies; (5) Waiver of Exclusive Juvenile Jurisdiction cases; (6) Determinate Sentence cases; and Motions to Modify or Revoke Probation.

 

1.  The Juvenile Board of  Tom Green County shall approve the lists of eligible attorneys on or before January 1 of each year and such lists shall be posted outside of the District Clerk's office and be available to the public upon request. The lists may be modified from time to time as necessary.

 

2.  The Juvenile Board of Tom Green County shall annually review, make additions and deletions to the lists, approve the lists and cause the same to be posted outside the Tom Green County District Clerk's office and made available to the public upon request.

 

3.  Those attorneys who the Juvenile Board of  Tom Green County have, by a majority vote of the Board, been determined to not be qualified to represent juvenile respondents in juvenile cases before the District Courts of Tom Green County, Texas will be excluded from the lists for appointments for representation of juveniles.  An attorney may appeal his inclusion or exclusion from the list by requesting a conference with the Juvenile Board.

 

C.  Appellate and Writ Counsel.  The Tom Green County Juvenile Board shall also establish lists from which lawyers for indigent juvenile respondents shall be appointed in Appeals and Writs of Habeas Corpus cases, which list shall be approved and posted in the same manner as those for attorney representation of juvenile cases listed above.

 

V.  ATTORNEY SELECTION PROCESS

 

 

1.  the Juvenile does not understand English, in which case the Judge  making the appointment will appoint the lawyer who both appears next in order on the list and can communicate with the Juvenile in the Juvenile’s dominant language (either personally or through an interpreter supplied by the lawyer without expense to the county);

 

2.  in special circumstances, the judge making the appointment enters a written finding of good cause on the record for appointing any qualified, willing attorney regardless of whether the attorney’s name is among the first five names on the appropriate list.

 

D.  Whenever a lawyer is appointed out of order under the above rules, the lawyer who is appointed out of order will move to the last place in order on that list, and any lawyer who was not appointed will remain at the top of the list until appointed or removed from the list.

 

E.  Each lawyer appointed under this rule to represent the Juvenile in the trial court is appointed to represent the Juvenile through trial and post-trial proceedings in the trial court.

 

F.  Each lawyer appointed under this rule to represent the Juvenile at a detention hearing is appointed to represent the Juvenile only at such detention hearing.

 

G.  At the conclusion of all proceedings in the trial court, including post-trial motions, if an indigent Juvenile wishes to appeal, and if appropriate, permission is granted to appeal,  the appointing judge will appoint the lawyer whose name appears next in order on the Appellate List subject to the same rotation requirements as set forth above.

 

H.  MOTIONS TO MODIFY OR REVOKE PROBATION: Notwithstanding the above procedures, a Court may appoint as the attorney in a Motion to Revoke Probation, the attorney who represented the Juvenile in the original proceeding.

 

 

A.    Court appointed counsel shall be compensated for all reasonable and appropriate services rendered in representing the accused. Compensation shall be reasonable for time and effort expended and will be in accordance with a fee schedule adopted and approved by the Juvenile Board.

B.     Payment Process - No payment of attorney’s fees will be made other than in accordance with the rules set forth below.

                                i.            An appointed attorney shall fill out and submit a fee voucher to the court for services rendered.

                              ii.            The trial judge presiding over the proceedings shall review the request for compensation and either approve or disapprove of the amount requested.

1.      If a judge disapproves a request for compensation, the judge shall make written findings, stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.

2.      An attorney whose request for payment is disapproved or is not otherwise acted on by the 60^th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of this administrative judicial region.

C.     Payment of Expenses:

                                i.            Court appointed counsel will be reimbursed for reasonable and necessary expenses incurred, including expenses for investigation and for mental health and other experts. Expenses incurred with and without prior approval shall be paid according to the procedures set forth below. Whenever possible prior court approval should be obtained before expenses are incurred.

                              ii.            Procedure With Prior Court Approval:

1.      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 the below, as applicable:

a.       The type of investigation to be conducted or the type of expert to be retained;

b.      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

c.       An itemized list of anticipated expenses for each investigation and/or each expert.

2.      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:

a.       State the reasons for the denial in writing;

b.      Attach the denial to the confidential request; and

c.       Submit the request and denial as a sealed exhibit to the record.

                            iii.            Procedure Without Prior Court Approval:

1.      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.

 

VII.     RESPONSIBILITY OF COURT APPOINTED COUNSEL

 

Court appointed counsel shall make every reasonable effort to contact the Juvenile  not later than the end of the 1st working day after appointment and to interview the Juvenile 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 reasonable assistance of counsel.

 

Counsel appointed for other than detention hearings shall represent the Juvenile until (1) charges are dismissed, (2) the completion of trial and all post trial proceedings in the trial court, or (3)  the court, after entering a finding for good cause on the record, relieves the attorney or replaces the attorney with other counsel.

 

A court may replace an attorney if the appointed attorney does not make an effort to interview the Juvenile by the end of the 7th working day or does not interview the Juvenile as soon as possible, or may sanction said attorney for violation of those provisions.

 

A majority of the Juvenile Board in the county may remove an attorney from consideration for appointments, if the attorney intentionally or repeatedly does not fulfill the attorney’s duties as required by law, rules, local rules, or provisions for providing reasonable assistance to a Juvenile.  

 

 LOCAL ADMINISTRATIVE JUDGE'S REPORTING COMPLIANCE

 

The above Standing Order was adopted by unanimous vote of the below signed Juvenile Board and is effective beginning January 1, 2002. 

 

            MISCELLANEOUS

 

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

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