Coryell Juvenile Board Plan
Preamble
10/31/2017
 

CORYELL COUNTY ALTERNATIVE PLAN AND STANDING  RULES AND ORDERS FOR APPOINTMENT OF COUNSEL FOR JUVENILES  IN CORYELL COUNTY,TEXAS

(Revised October 5, 2017)

 

BE IT REMEMBERED: That on the 7th day of December, 2001 the Juvenile Board of Coryell County, Texas hereby adopted, ordered and established, and ordered published this alternative plan for countywide procedures, articles, and orders for the timely and fair appointment of counsel for indigent juveniles in Coryell County, Texas.  This document is the Coryell County Plan to conform with the requirements of Senate Bill 7 passed by the Texas Legislature and signed into law in 2001.

 

IT IS THE INTENT AND PURPOSE OF THIS PLAN to (1) to provide for the timely and fair appointment of counsel for indigent juveniles in Coryell County, Texas, (2) assure that appointments reasonably and impartially allocated among qualified attorneys, (3) specify qualifications for attorneys to be on the appointment list ,  (4) specify the procedures for including attorneys on the list, (5) specify the procedures for removing attorneys from the list, (6) specify the procedures for appointing attorneys on the list to cases and for payment, and (7) comply, to the extent practicable, with the requirements of criminal court plan under Article 26.04, Code of Criminal Procedure.

Prompt Detention Hearings
10/31/2017


Prompt Detention Hearings

SECTION I

APPOINTMENT OF COUNSEL FOR JUVENILES IN DETENTION

  1. INITIAL DETENTION HEARING

 

1.     If a juvenile is taken into custody and not released under Section 53.02 of the Texas Family   Code (hereinafter "FC"), a detention hearing without a jury shall be held promptly, but not later than the second working day; provided, however, that when a juvenile is detained on a Friday or Saturday, then such detention hearing shall be held on the first working day after the juvenile is taken into custody. Detention hearings for Status Offenders and Non-offenders who have not been released under FC Section 53.02 shall be held before the 24th hour after the juvenile arrived at the detention facility, excluding hours of a weekend or holiday. 

 

2.   Appointment of counsel for an initial detention hearing shall be accomplished by the                              Juvenile Probation Department (hereinafter “the Department”) contacting the Indigent Defense Coordinator (hereinafter “IDC”).  The IDC will immediately appoint counsel from the list of qualified attorneys approved by the judges (hereinafter “the List") hearing cases under Title 3 of the Texas Family Code.  Attorneys will be appointed on a rotating basis, with consideration given to the ability of the attorney to appear within the time frame stated in A (1) above.

 

3.   Prior to the detention hearing, the Juvenile Court (hereinafter referred to as "the Court") shall  advise the parties of the juvenile's right to counsel; the juvenile's right to appointed counsel in the event of indigence; and of the juvenile's right to remain silent with respect to any allegations of delinquent conduct, conduct indicating a need for supervision, or conduct that violates an order of probation imposed by a juvenile court.

   

4.     The detention hearing may be conducted without the presence of the juvenile’s parent(s), guardian(s), custodian(s) or other responsible adult(s) (hereinafter “Responsible Adult(s)”); however, in these cases the Court must immediately appoint counsel or a guardian ad litem to represent the juvenile. 

 

5.     If the juvenile is detained and the Responsible Adults have been declared indigent, an

      attorney shall be appointed immediately by the IDC.  Prior to the appointment, the

      Department shall inform the Court/IDC if the child has already been represented by a

      Coryell County court-appointed attorney.  If the juvenile already has been represented, the

      same attorney shall continue to represent the child, except for good cause shown.

 

6.     If the Responsible Adult(s) can afford an attorney, the Court shall immediately ORDER, or   the IDC shall instruct, the Responsible Adult(s) to promptly provide an attorney for the juvenile.

7.     If the Responsible Adult(s) does not qualify for a court-appointed attorney and has not promptly provided an attorney for the juvenile, the Court may appoint an attorney for the juvenile for a limited time/purpose.  

8.     Upon appointment of an attorney to a juvenile being held in detention, the Department shall    immediately notify the attorney by facsimile (fax), e-mail, phone, or personal contact of the appointment and the next scheduled hearing time and date.

9.     The appointed attorney shall contact a juvenile in detention by the end of the first working day after receiving the notice of appointment or inform the Court that the appointment cannot be accepted.  Contacting the juvenile in detention may be by personal visit or by phone.

10.       A court-appointed attorney shall contact the juvenile by personal visit or by phone no less  than once every seven working days that the juvenile remains in detention.

B.      SUBSEQUENT DETENTION HEARINGS  

1.   If a juvenile is not represented by counsel at a subsequent detention hearing, the Court may           appoint an attorney limited to the date of that subsequent detention hearing.

   

 

SECTION II

APPOINTMENT OF COUNSEL FOR JUVENILES NOT IN DETENTION

A.    If a petition or a motion to modify disposition is filed and the juvenile is not in detention, the  Coryell Juvenile Probation Department shall have the parent/guardian fill out the Financial Form and the DA’s office shall send a petition/MTM to the Responsible Adult(s) and juvenile along with the Summons.

B.   The petition/MTM shall inform the Responsible Adult(s) as substantially as follows:

A Petition and/or Motion to Modify has been filed against the Respondent/Juvenile.  The Respondent/Juvenile must be represented by an attorney.  Thus, you must employ an attorney for the Respondent/Juvenile and have that attorney present at the time and date of the Appearance Hearing referenced in the Summons.  If you are claiming indigence and therefore, an inability to employ an attorney for the Respondent/Juvenile, you must obtain an Affidavit of Financial Status from the Juvenile Probation Department.  The form must be completed and returned to Juvenile Probation Staff for presentation to the Indigence Defense Coordinator.

If you are seeking the appointment of an attorney for the Respondent/Juvenile, any and     all persons responsible for the support of the Respondent/Juvenile must bring to court current year-to-date pay check stubs and the last three years’ tax returns and any and all written documentation to support your claim of indigence or disability. To check the status of a request for court-appointed counsel, you may contact Juvenile Probation Staff or the Indigent Defense Coordinator.

          Coryell County Juvenile Probation phone number:  254-865-7210

          Indigent Defense Coordinator phone number:  254-865-5911 Ext. 2464

C.   If a motion to modify disposition is filed, the attorney appointed on the original case shall       continue to represent the juvenile if the attorney is available except for good cause shown and assuming the juvenile’s family continues to qualify for a court appointed attorney.  Appointment on a motion to modify is an “appointment” for purposes of rotation on the appointment list. 

D.  IDC and the Department shall notify the attorney of the appointment, by fax, e-mail, phone, or personal contact of the appointment and the next scheduled hearing time and date no later than the end of the first working day after the appointment. 

E.    The attorney shall contact the juvenile and parents/guardian within five working days after receiving notice of the appointment or shall within that time notify the Court that the attorney cannot accept the appointment.  

Indigence Determination Standards
10/31/2017



                                                           Indigence Determination Standards                                                           

SECTION III

INDIGENCE DETERMINATION STANDARDS

 

A.  Definitions, as used in this rule:

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

2.   “Net household income” means all income of the accused and parents/guardian 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 lesser income.

3.  “Household” means all individuals who are actually dependent on the accused for   financial support.

4.  “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.

  5.  Liquid assets: Liquid assets shall include but are not limited to cash, savings and    checking accounts, stocks, bonds, certificates of deposit, equity in real and personal property as well as any interest in retirement accounts.

  B.    DETERMINATION OF INDIGENCY   

  1. The income of the juvenile and the juvenile's parent or other person responsible for the support of the juvenile shall be used to determine whether the juvenile qualifies for a court appointed attorney. 

2.   A Responsible Adult(s) shall complete a Declaration of Financial

Inability to Employ Counsel Form, respond to questions concerning the person’s financial affairs, and/or provide supporting documentation if ordered to do so by the Court, the Department or the IDC.  If a finding of indigence is made, the IDC shall appoint counsel.

3.   An accused is presumed indigent if any of the following factors or conditions are present:

a.        An indigent person is any person with a household income that 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 or the juvenile or Responsible Adult(s) are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.

b.       A juvenile or Responsible Adult(s) whose household income exceeds the latest poverty guidelines may still qualify for a court-appointed attorney if the Court determines in the interests of justice that special circumstances exist.  For instance, in making an “interests of justice appointment”, the Court may consider unusual, excessive, or extraordinary medical expenses, the age or physical infirmity of household members, or other expenses.  The Court may also consider the complexity of the case, the estimated cost of presenting a legal defense, the fees charged by lawyers in the community for providing defense services in similar cases, and any efforts the juvenile or Responsible Adult(s) have/has made to retain an attorney.

c.        Transfer of Property – If the juvenile or Responsible Adult(s) has/have transferred property after the date of the alleged commission of the offense, the Court shall determine the reason for the transfer of property and shall determine whether adequate monetary consideration was received. If adequate monetary consideration was not received, the Court shall presume that the transfer was made for the purpose of establishing eligibility unless the juvenile or Responsible Adult(s) furnishes clear and convincing evidence that the transfer was made exclusively for another purpose.  If a transfer was made either for the purpose of establishing eligibility or without adequate monetary consideration and the property is re-conveyed to the juvenile or Responsible Adult(s) or an adjustment is made by which the juvenile or Responsible Adult(s) receives full value, the juvenile or Responsible Adult(s), if otherwise qualified, will be eligible to receive legal representation at County and/or State expense.

4.        The guidelines established herein for the appointment of counsel also apply to the reimbursement of expenses incurred for the purposes of investigation or expert testimony, as approved by the Court.

5.        A Responsible Adult(s) who is/are determined by the Court to be indigent is presumed to remain indigent for the remainder of the proceedings unless a material change in financial circumstances occurs.  Any party to the proceeding may move for reconsideration of an indigence determination.  

6.        A Responsible Adult(s) who fails to meet any of the standards above shall nevertheless be considered indigent if Responsible Adult(s) is/are unable to retain private counsel without substantial hardship to the Responsible Adult(s). In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account: 

a.        the nature of the criminal charge(s), 

b.       anticipated complexity of the defense, 

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

d.       the amount needed for the support of the juvenile, Responsible Adult(s) and their dependents,  

e.        responsible Adult(s) income,

f.      any other sources of income available to the juvenile or Responsible Adult(s),

g.     assets and property owned, 

h.     outstanding obligations, 

i.       necessary expenses, 

j.       the number and ages of dependents.

 

7.        Factors NOT to be considered in determining indigence:      

a.    The resources available to friends or relatives.                                                      

        

  C.  INDIGENCY PROCESS 

1.    The appointing authority may require the Responsible Adult(s) to respond to questions regarding their financial status.  Information gathered for determining indigence, both in the Declaration of Financial Inability to Employ Counsel Form and through oral examination, may not be used for any purpose other than determining indigence or to impeach direct testimony regarding indigence.  This may include, but is not limited to the following:

a.         complete under oath a written questionnaire concerning financial resources;

b.        respond under oath regarding financial resources;

c.         provide financial documents as requested by the Court. 

 

2.   A request by the appointing authority for additional information, documentation,   and/or verification cannot delay appointment of counsel beyond the time lines specified in Parts I and IV of these rules and contained in Code of Criminal Procedure article 1.051.

Minimum Attorney Qualifications
10/31/2017

 

Minimum Attorney Qualifications

SECTION IV

MINIMUM ATTORNEY QUALIFICATIONS FOR INCLUSION ON LIST

 

 

A.        The Judges hearing cases under Title 3 of the Texas Family Code referred to hereafter as juvenile cases or in the event that one of said Judges has been designated by agreement of such Judges to hear such cases, said designated Judge, shall annually approve a list of attorneys qualified to be appointed in juvenile cases.  Attorneys are qualified to be included on the appointment list if the attorney:

1.  Completes the approved application to be on the appointment list and submits it to IDC.

2.  In addition, attorneys on the list must comply with the following:

a.  Court appointed counsel on the approved list must maintain an office in Coryell County, with a phone which is answered by a receptionist or answering service from 8:00 a. m. to 12:00 p. m. and from 1:00 p. m. to 5:00 p. m. Monday through Friday (except for Coryell County holidays as set out in the official Coryell County calendar approved by the Coryell County Commissioner’s Court) and which receptionist or answering service can promptly locate the attorney and notify said attorney of appointment or hearing setting. Court appointed counsel on the approved list must maintain an email address. Attorneys shall also provide to the Court Coordinator of each court and the IDC their home telephone number, cellular telephone number and e-mail address. These numbers shall be included on the “Application and Affidavit for Appointments in the Coryell County Courts”, “and shall be the official numbers, which will be utilized by the court to inform counsel of appointment or court hearing. Any change in these notification numbers must be given in writing to each Court prior to or within 24 hours after the change. 

 

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

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

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

e. Court appointed counsel shall represent a juvenile until the juvenile’s case is disposed of, appeals are exhausted, or the court, after entering a finding of good cause on the record, relieves the attorney and /or replaces the attorney with other counsel.

f. Court appointed counsel shall submit by October 15th each year an annual renewal application and the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal and juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30 [Art. 26.04(j)(4), CCP].  This information will be reported on the combined “Annual Renewal and Practice Time Report Form” and will be submitted to the IDC no later than October 15th each year.

 

g. Must show proof of at least 6 hours of CLE in Juvenile Law for each year he or she wishes to be/remain on the List.  At the judge's discretion, the judge may allow Criminal Law CLE to satisfy this requirement in whole or in part.     

SECTION V

DUTIES OF APPOINTED COUNSEL

 

A.  Appointed counsel shall:

1.       Contact the juvenile and parent/guardian within the time frames set out by this and interview the juvenile as soon as practicable after the attorney is appointed.

2.       Represent the juvenile until:

a.   the case is terminated;

b.  the family retains an attorney; or

c.   the attorney is relieved of his/her duties by the Court.  

 

3.       Investigate, either personally 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 juvenile. 

4.       Be familiar with the law of the case and be prepared to present any legal defense that may be reasonably and arguably available

5.       Be prepared to negotiate with the prosecutor for the most favorable resolution of the case that may be achieved through a plea agreement.

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

          

7.       Be prepared to file post-trial motions, give notice of appeal, and ensure that the Court is advised of the juvenile’s desire to appeal the case so that counsel can be appointed if needed and/or required.

 

8.       Maintain reasonable communication with the juvenile and parent/guardian and keep the juvenile and parent/guardian informed of the status of the case.

 

9.       Advise the juvenile on all matters involving the case and such collateral matters as may reasonably be required to aid the juvenile in making appropriate decisions about the case.

 

10.   Perform the attorney’s duty owed the juvenile in accordance with this Plan, all relevant laws, and all ethics’ responsibilities.

 

11.   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.

 

12.   Contact the Court immediately by fax, e-mail, phone or personal contact if for any reason the appointment cannot be accepted.

 

 

SECTION VI

PROCEDURE FOR REMOVAL OF ATTORNEY FROM COURT APPOINTED LISTS

 

  1. Grounds for Removal:  An attorney may be removed from the list of appointed attorneys, when in the opinion of the appointing Judge, the attorney no longer provides representation in a competent and professional manner.  Such action shall be at the discretion of the Judge and may be based upon the following actions by the attorney:

 

1.     Has twice or more failed to contact or interview clients in a timely manner as required by Article 26.04(j)(1), Tex. Code Crim. Proc. or Sec. 9.03C of the Coryell County Juvenile Board Plan;

2.     Failure to maintain appropriate contact with the juvenile and parent/guardian so that the case is adequately investigated and prepared for trial;

3.     Has submitted a claim for legal services not performed as specified in Article 26.05(e), Tex. Code Crim. Proc.;

4.     Fails to maintain compliance with each of the appointment list guidelines;

5.     Has admitted or been found by a court to have provided ineffective assistance of counsel;

6.     Has violated a rule of professional responsibility;

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

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

9.     Has intentionally misrepresented statements on the application for the appointment list;

10.  Failure to timely appear before the Court for settings in appointed or retained criminal or civil cases; or

11.  Sanctioned by a trial or appellate court of the State of Texas, or The State Bar of Texas or any other disciplinary body for failure to comply with the Rules of Professional Conduct, a violation of the rules of criminal or civil procedure subject to sanction or failure to adhere to the Texas Lawyer’s Creed.

12.  An attorney may be removed from the appointment list by the judge whenever the judge determines that the attorney no longer meets the objective qualifications for that list or is not fully competent to adequately handle the category of cases associated with

that list.  The judges may in their discretion removed an attorney not qualified for a category of offenses, while continuing to approve the attorney for other offenses.

13.  An attorney may also be removed from the appointment list for any other stated good cause.

 

B.     Removal:  If a judge believes that an attorney has violated any of the provisions listed in the paragraph above, the judge may remove the attorney from the appointment list.  No action will be taken without first providing the attorney notice in writing, clearly stating the grounds that form the basis for removal.  

 

C.    Notification/Hearing:  

 

The Judge making the determination to remove an attorney from an appointment list will notify the attorney in writing of the grounds for the removal.  The notice shall inform the attorney of the time and place the Judge will meet and discuss the removal and give the attorney an opportunity to respond to the removal in writing or in person or both.   After meeting with the attorney the Judge will determine whether the attorney should:

 

1. remain on the appointment list as the same level;

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

3. be removed from the appointment lists all together.

D.   The attorney may be removed from the appointment list or moved to an appointment list for indigent juveniles charged with less serious offenses.  Removal from the list may be probated.  The Judge may also require the attorney to take other rehabilitative measures upon removal or probated removal.  The removal order should state the earliest date an attorney can apply for reappointment.  An attorney who was removed under Rule 6.04A(7) or (8) may be immediately reinstated upon providing proof that the charges were dismissed or that the attorney was acquitted, unless other grounds for removal exist against the attorney that would prohibit reinstatement.  The decision of the Judge is final and may not be appealed. 

            


Prompt Appointment of Counsel
10/31/2017


                           

Prompt Appointment of Counsel

SECTION VII

            APPOINTMENT AFTER ADJUDICATION OR CERTIFICATION  

        PETITION FILED

(Juvenile Not In Custody)

If the juvenile is released at the initial detention hearing, or was released by intake, or referred to the juvenile court without being in custody, the Court is not required to appoint counsel unless and until a petition for adjudication or discretionary transfer is filed.  If a petition is filed, the Court shall determine indigence and, if it is determined that the Responsible Adult(s) is/are indigent, the Court shall appoint an attorney to represent the juvenile within five (5) working days after the petition is served on the juvenile.

However, when a petition for adjudication or discretionary transfer is filed, and the summons sets a court date for the initial court hearing that is later than five (5) working days after service on the juvenile not in custody, the summons shall include information to the juvenile and the Responsible Adult(s) served as to the means by which they may request the prompt appointment of counsel if they are unable to afford counsel.  If the juvenile or Responsible Adult(s) takes no action, but appears for the initial hearing without counsel, the Court, at that time, shall make a determination of indigence and, if it is determined that the Responsible Adult(s) is/are indigent, the Court shall immediately appoint counsel for the juvenile. 

 

APPOINTMENT AFTER MODIFICATION MOTION FILED

 If a juvenile is already on judicial probation and a motion to modify is filed that seeks either revocation with Commitment to Texas Juvenile Justice Department or modification to require confinement in a secure facility, the IDC shall determine indigence when presented the Financial Form from the Department, and if it is determined that the Responsible Adult(s) is/are indigent, the IDC shall appoint counsel. 

 


Attorney Selection Process
10/31/2017
 

Attorney Selection Process

ATTORNEY SELECTION PROCESS

                             

 A.    CONTINUITY OF REPRESENTATION 

1.      If a juvenile has been represented by an attorney on the List, preference will be given to appointment of the same attorney. 

2.      When an attorney is appointed, the attorney shall represent the juvenile until the case is terminated or substitute counsel is appointed or hired or until the Court removes the attorney from the case.         

3.      With notice to the Court and to the juvenile and Responsible Adult(s), a court appointed attorney may arrange with another attorney on the List to have a substitute attorney for an individual hearing without a change of the attorney of record. The temporary substitution is not an appointment.

4.      With notice to the Court and to the juvenile and Responsible Adult(s), a court appointed attorney may request the Court to appoint a substitute attorney for one hearing.  The temporary substitution is not an appointment.

 

 B.     APPOINTING ATTORNEYS FROM THE LIST 

In cases where the IDC determines that the appointment of an attorney is appropriate, the appointment shall be made from the List using a system of rotation.  The IDC shall determine the proper category (based on the classifications herein established) and shall appoint an attorney from the List using a system of rotation.  The IDC shall appoint attorneys from among the next five names on the List in the order in which the attorney's names appear on the List for the category involved, unless the Court makes a finding of good cause on the record (which may be by docket sheet entry) for appointing an attorney out of order.  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 for his/her assigned category.  

 

C.   GOOD CAUSE FOR APPOINTING AN ATTORNEY OUTSIDE THE ROTATION

 

1.      An attorney may be appointed outside the rotation if the interests of justice would be     served by appointing an attorney already familiar to the juvenile and the juvenile's case(s).

2.      An attorney may be appointed outside the rotation if the prior court-attorney for the juvenile has given notice he/she is not available due to illness, prior court scheduling, continuing legal education, vacation, military obligations, etc.

3.      An attorney may be appointed outside the rotation if the client has special needs such as interpretation or physical impairment and the attorney can accommodate those needs.

4.      An attorney may be appointed outside the rotation if the attorney has specialized experience such as familiarity with mental health issues.

5.      An attorney may be appointed outside the rotation if the juvenile has an immediate need and the attorney appointed can attend the case immediately. 

6.      An attorney may be appointed outside the rotation if the juvenile needs to be able to meet with an attorney geographically close to the juvenile’s home or school.

7.      An attorney may be appointed outside the rotation if the juvenile can work only with an attorney of a particular gender.

8.      An attorney may be appointed outside the rotation based on the apparent complexity of the case as compared with the experience of the attorneys within the next rotation.

9.      An attorney may be appointed outside the rotation for other good cause shown. 

 D.    OTHER GENERAL GUIDELINES 

 

1.    The IDC will not appoint an attorney to represent a Responsible Adult except for the  parent’s contempt of Court proceeding, in which case the appointment shall be made from the misdemeanor appointment list.  The Court shall not appoint the same attorney for the juvenile and for the parent in this scenario.

2.   The Court will not appoint an attorney for a juvenile if the Responsible Adult(s) can afford to hire an attorney.

3.   A juvenile who has a court appointed-attorney on a criminal matter may request that the same attorney be appointed to any pending Juvenile Court matter so long as that attorney is included on the List.

4.   Attorneys shall present their request for payment no later than the final hearing of a    juvenile’s case(s).

5.   For the purposes of rotation, the individual juvenile and not the number of cases a juvenile has pending at one time shall count as one appointment. 


Fee and Expense Payment Process
10/31/2017

                                                                                                                                                                                                      

Fee and Expense Payment Process

SECTION VIII

COMPENSATION OF COURT-APPOINTED COUNSEL

 

A.    Court appointed counsel shall receive such reasonable compensation as established by the Juvenile Board of Coryell County, Texas, and such fee schedule shall be adopted by formal action of the Juvenile Board and shall comply with the Texas Code of Criminal Procedure, Article 26.05, and Section 51.10, Texas Family Code, which requires compensation of attorneys in juvenile cases to be equal to the fees paid court appointed attorneys in criminal cases for comparable work in comparable cases.  

No payment shall be made until judge approves payment after submission on court's attorney fee voucher. [Art. 26.05(c), CCP]

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

Expenses incurred without prior approval shall be reimbursed if expenses are reasonably necessary and reasonably incurred. [Arts. 26.05(d) & 26.052(h), CCP]

B.     CORYELL COUNTY SCHEDULE OF FEES FOR COURT APPOINTED ATTONEYS FOR JUVENILE MATTERS  

Attorneys appointed to represent a juvenile in proceedings in which an adjudication of delinquent conduct, determinate sentencing, or transfer to a felony court after approval of petition by the Grand Jury shall be paid in accordance with the provisions herein.

Attorneys appointed to represent a juvenile alleged to be a child in need of supervision or in all other juvenile matters not described in the preceding paragraph shall be paid in accordance with the provisions herein for the payment of attorneys appointed in misdemeanor cases.

All payments shall comply with the current Coryell County Court Appointed Attorney Fee Schedule.  

 

SECTION IX

Rules for the Appeal of a Trial Court’s Disapproval of Requested Court Appointed Attorney’s Fee

A.  Duties of Attorney Seeking Review of Trial Court’s Order-An attorney who chooses to   appeal the trial court’s disapproval of the requested attorney’s fees shall file a motion with the Presiding Judge of the Administrative Judicial Region within twenty (20) days of the trial court’s signing of an order disapproving the requested court appointed attorney’s fee.

 

B.  The appealing attorney shall set forth in his motion the following information:

 

1.      The cause number, style and caption of the case;

2.      The type and classification of the offense;

3.      The date that the attorney was appointed;

4.      The date on which the case was disposed;

5.      Whether the case was disposed of by dismissal, a plea, a bench trial, or a jury trial;

6.      The date and length of each court appearance within the nearest one-tenth of an hour, if the attorney is requesting to be compensated based upon an hourly fee;

7.      The date of each office conference, jail conference and any out of court time spent in actual time;

8.      A copy of any itemization submitted to the trial court;

9.      Any factors that required unusual effort on the attorney’s part to overcome in the   representation of the defendant;

10.  The date that the fee order the subject of the motion was signed;

11.  A detailed statement by the attorney explaining how the trial court’s order disapproving the requested court appointed attorney’s fee deviated from the county’s approved fee schedule adopted under the Texas Fair Defense Act.

 

      C.  The appealing attorney shall attach the following documents to the motion:

1. A copy of the trial court’s order disapproving the requested court appointed attorney’s fee, if any; and     

 2.  A copy of the county’s attorney fee schedule adopted pursuant to the Texas Fair Defense Act.  

 

       D.  Procedure:

     1. The appealing attorney shall file the original of the motion with the clerk of the court in which the case is pending, and shall file a certified copy of the motion with the Presiding Judge of the Administrative Judicial Region and with the trial court.   

2.  If a revised payment order is entered resolving the dispute to the satisfaction of the appealing attorney, the attorney shall file with the Presiding Judge a notice withdrawing the appeal.  The motion will then be deemed moot and no further action will be taken by the Presiding Judge of the Administrative Judicial Region.

3.  If the trial court’s revised payment order does not fully resolve the issue to the satisfaction of the appealing attorney, the attorney shall within five (5) days of the signing of the trial court’s revised payment order, file with the Presiding Judge of the Administrative Judicial Region and the trial court a notice stating the matter remains subject to contest.  The attorney shall attach a copy of the trial court’s revised payment order to said notice.  

 

SECTION X

INVESTIGATIVE AND EXPERT EXPENSES

 

A.  Counsel appointed in a non-capital case shall be reimbursed for reasonable and necessary 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.

B.  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 advance payment of investigative and expert 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.

        C.  The Court may 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. 

        D.  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, appointed counsel shall be reimbursed for reasonable and necessary expenses, including experts for investigation and for mental health and other experts. Expenses incurred without prior Court approval shall be reimbursed in the manner provided for capital cases by Article 26.052 (h). Reimbursement of expenses incurred for purposes of investigation or expert testimony may be paid directly to a private investigator licensed under Chapter 1702, Occupation Code, or to an expert witness in the manner designated by appointed counsel and approved by the Court.  

                                                                                     


Plan Documents
Coryell Juvenile Board Acknowledgment of Appointment of Counsel.doc (11/1/2011 1:25:49 PM) view
Coryell Juvenile Board Affidavit of Indigence.doc (10/31/2017 9:38:00 AM) view
Coryell Juvenile Board Attorney Application for Appointment.pdf (11/7/2014 11:22:24 AM) view
Coryell Juvenile Board Attorney Application for Appointments.docx (10/24/2013 3:28:42 PM) view
Coryell Juvenile Board Attorney Fee Schedule.pdf (11/7/2014 11:18:15 AM) view
Coryell Juvenile Board Attorney Fee Voucher.doc (11/1/2011 1:18:11 PM) view
Coryell Juvenile Board COMBINED Practice Time and Annual Renewal.docx (10/30/2014 1:40:49 PM) view
Coryell Juvenile Board Magistrates Warning Form.doc (11/1/2011 1:28:32 PM) view
Coryell Juvenile Board Practice Time Statement.pdf (10/24/2013 3:27:33 PM) view
Coryell Juvenile Board Waiver of Counsel.doc (11/1/2011 1:24:29 PM) view