I.                   Prompt Magistration

A.                Arresting Officer Responsibilities

1.                  The arresting officer, or the person having custody of the arrestee, shall ensure that every arrestee shall be brought before a magistrate without unnecessary delay, but not later than 48 hours after the person is arrested. 

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

B.                 Release of defendants arrested without warrant:

1.                  A person arrested for a misdemeanor without a warrant and who is detained in jail must be released by the person having custody of the arrestee not later than the 24th hour after arrest, on a bond in an amount not to exceed $5,000, if a magistrate has not determined that probable cause exists to believe that the person committed the offense. 

2.                  A person arrested for a felony without a warrant and who is detained in jail must be released by the person having custody of the arrestee not later than the 48th hour after arrest, on a bond in an amount not to exceed $10,000, if a magistrate has not determined that probable cause exists to believe that the person committed the offense. 

3.                  If requested by the state, a magistrate may postpone the release of the defendant for not more than 72 hours after the defendant's arrest if a probable cause determination has not been made, in compliance with the procedure set forth in Article 17.033, Texas Code of Criminal Procedure.

C.                 Magistrate Duties

1.                  At the magistrate’s hearing, the Magistrate should determine if accused can speak and understand English, or if the defendant is deaf.

2.                  After making such determination, the Magistrate shall, in an appropriate manner consistent with Texas Code of Criminal Procedure Articles 38.30 and 38.31, do the following:

a)                  Advise the accused of the accusation against him/her and any affidavit filed therewith;

b)                  Admonish the accused of:

(1)               The right to counsel;

(2)               The right to remain silent;

(3)               The right to have an attorney present during any interview with peace officers or attorneys representing the state;

(4)               The right to terminate an interview at any time;

(5)               The right not to make a statement and that any statement made by the accused may be used against him/her; and

(6)               The right to an examining trial.

3.                  If the Starr County Regional Public Defender has already interviewed the accused and entered its appearance as counsel prior to magistration under Tex. Code Crim. Proc. Art. 15.17, the Magistrate shall notify the Public Defender of the date, time and place of magistration of the accused.

4.                  If the Starr County Regional Public Defender has not already undertaken representation, inform the accused of the right to representation by the Public Defender or appointed counsel if the person cannot afford counsel and the procedures for requesting assignment of counsel. The Magistrate shall further:

a)                  Admonish the accused of the disadvantages and perils of self-representation; and,

b)                  Inquire whether the accused wishes to be represented by the Public Defender, and if so, arrange with the Office of the Public Defender to conduct an intake interview as soon as practicable; and

c)                  Ensure that the forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel to the appointing authority or the appointing authority’s designee.         

 

5.                  For a person arrested on an out-of-county warrant, the Magistrate must ask if the person wants to request appointed counsel.  The magistrate will record the response, and if counsel is requested, the magistrate will inform the person of the procedures for requesting counsel, and ensure the person is provided reasonable assistance in completing the necessary forms for requesting counsel in the county issuing the warrant.  Requests for counsel made by persons arrested on out-of-county warrants must be transmitted to the appointing authority of the county issuing the warrant within 24 hours of the request being made.

6.                  If the Magistrate has reason to believe the accused is not mentally competent or suffers from severe mental illness, the Magistrate shall advise the Public Defender of such facts and circumstances. If the Public Defender determines that the incompetent or mentally ill accused is not an eligible client, is barred from representation due to a conflict of interest, or the office is otherwise unable to undertake representation, the matter shall be referred to an appropriate court of record for assignment of counsel under Section IV.B, below.

7.                  In cases where the individual was arrested without an arrest warrant, bench warrant, capias, or other order of magistrate or judge, the Magistrate shall determine if there is probable cause to believe the person committed the offense.

8.                  If probable cause has not been determined by a magistrate:

a)                  A person arrested for a misdemeanor must be released on bond, in an amount not to exceed $5,000, not later than 24 hours after the person's arrest. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.

b)                  A person arrested for a felony must be released on bond, in an amount not to exceed $10,000, not later than 48 hours after the person’s arrest. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.

c)                  If requested by the state, the magistrate may postpone the release of the defendant for not more than 72 hours after the defendant's arrest, in compliance with the procedure set forth in Article 17.033, Texas Code of Criminal Procedure.

9.                  The Magistrate shall order a personal bond, or set the amount of bail and any conditions of a surety bond for the accused, if bail is allowed by law and has not been set by the court or magistrate issuing a warrant.

10.              The Magistrate shall record the following:

a)                  The date and time the accused was arrested and the date and time when he/she was brought before the Magistrate;

b)                  Whether the Magistrate informed the accused of the right to request representation by the Public Defender or other assignment of counsel and asked the accused whether he/she wants to request counsel; and,

c)                  Whether the accused requested representation by the Public Defender.

(1)               If the accused requests representation by the Public Defender, the Magistrate shall notify the Office of the Public Defender who will conduct an intake interview as soon as practicable.

(2)               If the accused does not request assignment of counsel, then the Magistrate shall only transmit or cause to be transmitted a copy of the statement refusing representation by the Public Defender or assignment of counsel to the appropriate district or county clerk of court.

 

I.                   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 spousal income actually available to the accused. Such income shall include: take-home wages and salary (gross income earned minus those deductions required by law or as a condition of employment); net self-employment income (gross income minus business expenses, and those deductions required by law or as a condition of operating the business); regular payments from a governmental income maintenance program, alimony, child support, public or private pensions, or annuities; and income from dividends, interest, rents, royalties, or periodic receipts from estates or trusts. Seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the accused has no income or 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.

B.                 Eligibility for Appointment

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

a)                  At the time of requesting appointed counsel, the accused or accused’s dependents are eligible to receive Supplemental Nutrition Assistance Program (“SNAP” benefits or “food stamps”), Medicaid, Temporary Assistance for Needy Families (“TANF”), Supplemental Security Income, or public housing;

b)                  The accused’s net household income does not exceed 125% of the Poverty Guidelines as revised annually by the United States Department of Health and Human Services and published in the Federal Register;

c)                  The accused 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

2.                  An accused who does not meet any of the standards above shall nevertheless be considered indigent if the accused is unable to retain private counsel without substantial hardship to the accused or the accused’s dependents. In considering if obtaining private counsel will create a substantial hardship, the judge acting as 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 accused and the accused’s dependents; 

e)                  accused’s income,

f)                   sources of income,

g)                  assets and property owned,

h)                  outstanding obligations,

i)                   necessary expenses,

j)                   the number and ages of dependents, and

k)                  spousal income that is available to the accused.

3.                  Factors NOT to be considered in determining indigence include:

a)                  The accused’s posting of bail or ability to post bail may not be considered in determining whether the accused is indigent.

b)                  The resources available to friends or relatives of the accused may not be considered in determining whether the accused is indigent.

4.                  Only the accused'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:

1.                  The appointing authority can require the accused to respond to questions about the accused’s financial status, produce documentation supporting financial information provided, and/or order a court official to verify financial information provided.

2.                  Information gathered for determining indigence, both in the affidavit of indigence and through oral examination, may not be for any purpose other than:

a)                  Determining if accused is (or is not) indigent; or

b)                  Impeaching direct testimony of accused regarding the accused’s indigence.

3.                  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 and contained in Code of Criminal Procedure article 1.051.

4.                  An accused determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the accused’s financial circumstances occurs.

5.                  An accused’s status as indigent or not indigent may be reviewed in a formal hearing at any stage of court proceedings, on a motion for reconsideration by the accused, the accused’s attorney, or the attorney representing the state. The accused’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 accused’s financial circumstances, as a result of which the accused does not meet any of the standards for indigence contained in these rules; or

b)                  Additional information regarding the accused’s financial circumstances that shows that the accused does not meet any of the standards for indigence contained in these rules.

6.                  If an accused 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.

7.                  If the court determines, after notice and an evidentiary hearing, that a defendant 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 defendant to pay during the pendency of the charges or, if convicted, as court costs the amount that it finds the defendant is able to pay.

  I.                   Minimum Attorney Qualifications

A.                The following provisions apply to attorneys in private practice who wish to receive appointments in criminal cases in Duval County, Jim Hogg County, and Starr County.

B.                 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 Duval County, Jim Hogg County, and Starr County for adult criminal cases and 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 form prescribed by the Texas Indigent Defense Commission to the court administration office in the county. 

C.                 The Judges hearing criminal cases shall establish attorney appointment lists for the following categories of offenses. Attorneys may apply for and be placed on multiple lists. To be eligible for an appointment list, an attorney must meet the following minimum requirements:

1.                  Misdemeanor Qualification Requirements:

a)                  All attorneys on the appointment list must ensure all information on their application is correct;

b)                  An attorney must be a licensed practicing attorney and a member in good standing of the State Bar of Texas;

c)                  An attorney shall complete a minimum of 6 hours of CLE in the area of criminal law and procedure each year. All attorneys on the appointment list must file a certificate with the court administration office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in criminal law. Continuing legal education activity completed with-in a one year period immediately preceding an attorney’s initial reporting period may be used to meet the educational requirements for the initial year. Continuing legal education activity completed during any reporting period in excess of the minimum of 6 hours for such period may be applied to the following period’s requirement. The carryover provision applies to one year only; 

d)                  An attorney must maintain an office capable of receiving email, fax, and telephone calls;

e)                  An attorney must have the ability to produce typed motions and orders;

f)                   An attorney shall notify the court administration office promptly, in writing, of any matter that would disqualify the attorney by law, regulation, and rule or under these guidelines from receiving appointments to represent indigent defendants.

2.                  State Jail and Third Degree Felony Case Qualification Requirements

a)                  An attorney must meet general requirements for misdemeanor appointments

3.                  First and Second Degree Felony Case Qualification Requirements

a)                  An attorney must meet the general requirements for State Jail and Third Degree Felony appointments. 

4.                  Capital Case Qualification Requirements:

a)                  Lead trial counsel must be on the list of attorneys approved by the local selection committee of this Administrative Judicial Region for appointment as lead counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

b)                  Second chair counsel must be on the list of attorneys approved by the local selection committee of this administrative judicial region for appointment as lead trial counsel or second chair counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

c)                  Appellate counsel must be on the list of attorneys approved by the local selection committee of this administrative judicial region for appointment as appellate counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

d)                  Appeal Qualification Requirements - An attorney must meet at least one of the following criteria:

e)                  Be currently board certified in criminal law by the Texas Board of Legal Specialization; or

f)                   Have personally authored and filed at least three criminal appellate briefs or post-conviction writs of habeas corpus; or

g)                  Have submitted an appellate writing sample approved by a majority of the judges; or

h)                  Have worked as a briefing clerk of an appellate court for a period of at least one year.

D.                Approval for Appointment Lists

1.                  Misdemeanor List – An attorney must be approved by a majority of the Statutory County Court Judges hearing criminal cases.

2.                  State Jail and Third Degree Felony, First and Second Degree Felony List, Capital Case List, and Appeal List  - An attorney must be approved for each list by a majority of the District Court/County Court Judge hearing criminal cases.

E.                 Removal from Appointment List - The judges will monitor attorney performance on a continuing basis to assure the competency of attorneys on the list. An attorney may be removed or suspended, as appropriate, from one or more appointment lists by a majority vote of the judges.

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

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

G.                Duties of Appointed Counsel - Appointed Counsel shall:

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

2.                  Make every reasonable effort to:

a)                  Contact the defendant by the end of the first working day after the date on which the attorney is appointed; and

b)                  Interview the defendant as soon as practicable after the attorney is appointed;

3.                  Represent the defendant until:

a)                  Charges are dismissed;

b)                  The defendant is acquitted;

c)                  Appeals are exhausted; or

d)                  The attorney is relieved of his duties by the court or replaced by other counsel after a finding of good cause entered on the record.

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

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

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

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

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

9.                  Maintain reasonable communication and contact with the client at all times and keep the client informed of the status of the case; and

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

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

12.              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.

I.                   Appointment of Counsel

A.                Eligibility Screening and Initial Interview

1.                  The Chief Public Defender shall designate an attorney or investigator to conduct eligibility screening and an initial interview of persons charged with criminal offenses in Duval County, Jim Hogg County, or Starr County. If the accused is detained in the Duval County Jail, Jim Hogg County Jail, or Starr County Jail, that respective county’s Sheriff shall notify the Office of the Public Defender promptly after processing an arrested person into the jail, including the name of the accused, the date and time of detention, and the pending charges.

2.                  As soon as practicable after receiving notice, the Public Defender or her designee shall conduct an intake interview of the accused to determine whether the person meets the indigence standards of Section II.B above and whether the Public Defender may have a conflict of interest that would preclude representation by the PD Office.

3.                  A person who is accused of a crime in Duval County, Jim Hogg County, or Starr County may apply directly to the Office of the Public Defender for representation.

4.                  If the accused is determined by the Public Defender to be eligible for representation under Section II.B.1 above, and that there is no conflict of interest, the Public Defender may immediately undertake representation pursuant to the standing orders of the district and county courts of Duval County, Jim Hogg County, and Starr County.

5.                  Upon undertaking representation under subsection 4 above, the Public Defender shall immediately file a notice of entry of appearance with the Magistrate who will conduct the hearing under Tex. Code Crim. Proc. Art. 15.17.

6.                  If the accused is determined by the Public Defender to be ineligible or possibly be eligible under Section II.B.2 above, she shall refer the matter, including all financial information obtained from the accused during the eligibility screening process, to a district court in the case of a felony accusation or the county court-at-law or county court in a misdemeanor case to act as the appointing authority in such cases. The appointing authority shall determine eligibility and in appropriate cases enter an order assigning the Public Defender or private counsel if a conflict exists.

7.                  If the Public Defender determines that she has a conflict of interest in the representation of the accused, she shall refer the matter to the appointing authority as described in Subsection 5 above, including all financial information obtained from the accused during the eligibility screening process. In such circumstances the appointing authority shall enter an order assigning private counsel.

8.                  Any confidential information received by the Public Defender from the accused in the course of determining eligibility for assigned counsel may only be used for that limited purpose.

 

B.                 Prompt Appointment of Counsel

1.                  Counsel assigned by the court shall be appointed as soon as possible to indigent defendants, but no later than the end of the third working day after the date on which the appointing authority receives the defendant’s request for court appointed counsel. Working day means Monday through Friday, excluding official state holidays.  Counsel must be appointed whether or not a case has been filed in the trial court.

2.                  If an indigent defendant is arrested in another county based on this county’s warrant, counsel will be appointed within 3 working days of this county’s receipt of the request for counsel.

3.                  If a defendant is arrested in this county based on another county’s warrant, counsel will be appointed for the defendant if, on the eleventh day after the arrest, the defendant is still in this county’s custody.

4.                  If the defendant is released from custody prior to the appointment of counsel, appointment of counsel is not required until the defendant’s first court appearance or when adversarial judicial proceedings are initiated, whichever comes first. If the defendant is released from custody prior to being screened for indigence, the defendant will be given directions as to how to request an indigence screening.

5.                  If an accused wishes to request counsel prior to the initial appearance, the forms required to request counsel may be obtained at the Texas Indigent Defense Commission’s website at http://tidc/tamu.edu/public.net/ or from the office of the Starr County Regional Public Defender at 310 E. Mirasoles Street, Rio Grande City, Texas, 78582 for Starr County or at 400 E. Gravis Street, San Diego, Texas 78332 for Duval or Jim Hogg County.  Additionally, the defendant may contact an investigator for the Starr County Regional Public Defender Program, and request an intake by telephone at (956) 271-0712 or 1-888-545-3138 for Starr County, or (361) 279-6312 for Duval or Jim Hogg County.  The court will rule on all requests for counsel submitted in this manner.

C.                 Appointment Authority

1.                  Prior to a case having been filed by information, complaint, or indictment the appointing authority is the Judge of the 229^th Judicial District Court or the Judge of the 381^st Judicial District Court and/or the Judge of the County Court in Duval or Jim Hogg County or the County Court-at-Law of Starr County, Texas.

2.                  The appointing authority for felonies after an indictment is filed is the Judge of the District Court in which the indictment is filed.

3.                  The appointing authority for misdemeanors after an information is filed is the Judge of the County Court or County Court-at-Law in which the information is filed.

D.                Defendants Appearing without Counsel

1.                  If a defendant appears without counsel in any adversary judicial proceeding that may result in punishment by confinement:

a)                  The court may not direct orencourage the defendant to communicate with the attorney representing the state unless the court advises the defendant of the right to counsel and has admonished the accused of the disadvantages and dangers of proceeding without counsel, the procedure for requesting appointed counsel, and the defendant has been given a reasonable opportunity to request appointed counsel.

b)                  If the defendant has requested appointed counsel, the court may not direct or encourage the defendant to communicate with the attorney representing the state unless the appointing authority has denied the request in writing and, subsequent to the denial, the defendant:

(1)               Has been given a reasonable opportunity to retain and has failed to retain appointed counsel; or

(2)               Has knowingly and voluntarily waived the right to counsel.

2.                  The attorney representing the state may not:

a)                  Initiate or encourage an attempt to obtain from the defendant a waiver of the right to counsel; or

b)                  Communicate with a defendant who has requested the appointment of counsel, unless the appointing authority has denied the request and subsequent to the denial, the defendant:

(1)               Has been given a reasonable opportunity to retain counsel; or

(2)               Waives or has waived the opportunity to retain private counsel.

E.                 Waiver of the Right to Counsel

1.                  A defendant may voluntarily and intelligently waive the right to counsel. Before accepting a waiver of counsel, the court shall advise and admonish the defendant about the advantages of proceeding with advice of counsel and shall interrogate the defendant to determine his or her competency to make a knowing and voluntary waiver.

2.                  A waiver obtained in violation of subsection E.1 above is presumed invalid.

3.                  If a defendant wishes to waive the right to counsel for purposes of entering a guilty plea or proceeding to trial, the court shall advise the defendant of the nature of the charges against the defendant and, if the defendant is proceeding to trial, the dangers and disadvantages of self-representation.  If the court determines that the waiver is voluntarily and intelligently given, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings.

a)                  “I have been advised this ___ day of ____, 2___, by the (name of court) Court of my right to representation by counsel in the case pending against me.  I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge.  Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me.  I hereby waive my right to counsel. (Signature of defendant.)”

4.                  A defendant may withdraw a waiver of the right to counsel at any time but is not entitled to repeat a proceeding previously held or waived solely on the grounds of the subsequent appointment or retention of counsel.  If the defendant withdraws a waiver, the trial court, in its discretion, may provide the appointed counsel 10 days to prepare.

I.                   Attorney Selection Process

A.                The Public Defender will be appointed to represent all indigent persons accused of crimes in Duval County, Jim Hogg County, and Starr County in which the Public Defender has no conflict of interest and has the caseload capacity and competency to provide representation in the matter.  Conflict cases will be appointed on a rotating basis to attorneys in private practice on the appointment list.

The Regional Public Defender for Capital Cases shall be appointed to all capital felony cases  (in which death is sought) unless good cause exists to appoint private counsel.

1.                  The Chief Public Defender shall assign staff attorneys to individual cases and shall be exclusively responsible for removing or otherwise disciplining attorneys based upon their job performance.

2.                  The Public Defender may undertake representation and in what capacity in a capital felony at its sole discretion.

3.                  Any judge may bring concerns regarding the performance of a staff defender to the attention of the Chief Public Defender for her consideration.

B.                 Procedures applicable to the appointment of attorneys in private practice are the following:

1.                  The appointing authority described in Section III.A above will identify which of the appointment lists, discussed in the Section V (attorney qualifications), is most appropriate based on the accusations against the defendant and will appoint the attorney whose name is first on the list in rotating order, unless the court makes a finding of good cause on the record for appointing an attorney out of order. Good cause may include:

a)                  The defendant requesting counsel does not understand English, in which case the judge will appoint the lawyer whose name appears next in order and speaks the client’s language, if one is available;

b)                  The defendant 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; or

c)                   Other good cause exists for varying from the list.

2.                  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.

3.                  Judicial Removal from Case:

a)                  The judge presiding over a criminal case 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 defendant and the charges against the defendant indicate that another qualified attorney is more appropriate for the defendant under these rules;

(4)               Replacement of appointed counsel in a death penalty case is required under Article 26.052(e), Texas Code of Criminal Procedure;

(5)               The appointed counsel shows good cause for being removed, such as illness, workload or scheduling difficulties;

(6)               The defendant requests an attorney, other than trial counsel, for appeal; or

(7)               The defendant shows good cause for removal of counsel, including counsel’s persistent or prolonged failure to communicate with the defendant.

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

I.                   Fee and Expense Payment Process

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 a majority of the judges hearing criminal cases in the county.

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

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

D.                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 60th 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 the administrative judicial region.

E.                 Payment of Expenses:

1.                  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.

2.                  Procedure with Prior Court Approval:

a)                  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:

(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 and/or each expert.

b)                  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.

3.                  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.

Duval Jim Hogg Starr District and County Court Affidavit of Indigence.doc (11/18/2009 11:07:00 AM) view
Duval Jim Hogg Starr District and County Court Attorney Application for Appointment.doc (11/18/2009 11:07:38 AM) view
Duval Jim Hogg Starr District and County Court Attorney Fee Schedule.docx (10/5/2010 2:09:41 PM) view
Duval Jim Hogg Starr District and County Court Attorney Fee Voucher.doc (11/18/2009 11:08:38 AM) view
Duval Jim Hogg Starr District and County Court Magistrates Warning Form.doc (11/18/2009 11:06:13 AM) view
Duval Jim Hogg Starr District and County Court Public Defender Plan or Proposal.docx (3/8/2017 4:50:51 PM) view
Duval Jim Hogg Starr District and County Court Waiver of Counsel.doc (11/18/2009 11:12:13 AM) view