I.  PREAMBLE

The Statutory County Court at Law Judges hearing criminal cases in Montgomery County, Texas adopt these rules and these rules are applicable to all attorneys certified to handle misdemeanor criminal appointments. The Office of Court Administration (OCA) shall provide a copy of these rules and procedures to each attorney accepted on the court appointment list.

 

The OCA shall manage the appointment system via the TechShare Indigent Defense Portal adopted by the County. TechShare will be the only method to determine indigence, appoint attorneys, submit, approve, and send vouchers for payment in criminal cases. The OCA Director will ensure that all indigent defendants in need of appointed counsel are assigned an attorney in a timely manner. The OCA Director or Designee will monitor compliance with the requirements and regulations of the court appointment system.

 

II.  APPOINTMENT DESIGNEE

The Board of Judges shall appoint one or more Appointment Designees (AD).  In Montgomery County, the AD shall be employees of the Office of Indigent Defense (OID) under the supervision of the OCA. The Board of Judges shall determine the duties, responsibilities, and compensation of the AD/OID.

III.     PROMPT APPEARANCE BEFORE A MAGISTRATE

1. The law enforcement officer making the arrest and any officer who later has custody of a Defendant shall ensure that the person is taken before a Magistrate without unnecessary delay, but not later than 48 hours after the person is arrested, for proceedings under Article 15.17 of the Texas Code of Criminal Procedure.
2. For Defendants appearing before a Magistrate in the Montgomery County Jail, the Office of Indigent Defense will ensure assistance in completing an Affidavit of Financial Condition for the arrestee prior to the Magistrate court. If the Defendant requests a court appointed attorney at the time of Magistration, the Office of Indigent Defense certifies the accuracy of their Affidavit for the purpose of determining eligibility for court appointed counsel.
3. If the arrested person does not speak and understand the English language or is deaf, the Magistrate shall ensure that the information and assistance are provided with the assistance of an interpreter consistent with Articles 38.30 and 38.31 of the Texas Code of Criminal Procedure.
4. Persons in custody brought before a Magistrate shall be informed by the Magistrate of the right to request counsel under Article 15.17 Subsections (e) and (f) of the Texas Code of Criminal Procedure. A record will be made of the proceedings and shall be preserved as required by Article 15.17.
5. A defense attorney assigned to the Magistration and Bail Review hearing will be present at the Magistration to assist the Defendant through the hearing.
6. The appointment of counsel at the Article 15.17 hearing shall be for the limited scope of representation of the indigent arrested person during the Magistration process and related solely to probable cause, the determination of bail, and the bail conditions for arrested persons. The arrested person shall be appointed counsel upon determination of eligibility for the remainder of the case according to the procedures set in this indigent defense plan. The limited scope appointment is concluded upon the termination of the Article 15.17 hearing, and no motion to withdraw is necessary.
7. If the Defendant is not satisfied with the bail amount given by the Magistrate, the Defendant may request a bail re-hearing at the 15.17 hearing. This re-hearing will occur the next working day by an independent magistrate.
8. If the Magistrate is not authorized to appoint counsel, and if the accused requests appointment of counsel, the Magistrate shall transmit or cause to be transmitted the Magistrate’s form and any other forms requesting the appointment of counsel to the OCA without unnecessary delay, but no later than 24 hours after the arrested person requests appointment of counsel.
9. If the Magistrate is authorized to appoint counsel, the Magistrate shall make a determination of indigence and appoint counsel if the Defendant is indigent within one working day after receipt of request for counsel consistent with Article 15.17 Subsection (a) of the Texas Code of Criminal Procedure.
10. For persons arrested on out-of-county warrants, the Magistrate will ask the Defendant if he/she would like to request appointed counsel. The Magistrate will record the response, and if counsel is requested, the Office of Indigent Defense will provide the arrestee with the appropriate forms for requesting counsel. The Office of Indigent Defense will ensure assistance in completing the forms at the same time. The forms will be transmitted to the appointing authority in the county issuing the warrant not later than 24 hours after the person requested appointment of counsel to the court or courts’ designee authorized under Article 26.04 to appoint counsel in the county issuing the warrant.

 A.  Magistration and Bail Review List 

1. Notice of Magistration and Bail Review List - The Office of Indigent Defense will email notice of the opportunity, procedure and requirements to apply to be a contract defender to the Criminal Defense Bar, Montgomery County Bar, and all current attorneys accepting criminal appointments. The notification shall inform attorneys of all the requirements for submitting the resume.
2. Attorney requests for Magistration and Bail Review List - Attorneys must complete and submit a copy of the attorney’s resume to the Office of Indigent Defense. Resume should include the following:
   1. Name and bar card number
   2. Telephone, facsimile and email
   3. Work experience
   4. Education
   5. Jury trial Experience
   6. Professional photograph of the attorney
   7. Transcript of MCLE history from the State Bar of Texas website

 

B. Attorney Qualifications for Magistration and Bail Review List

1. Approved by the majority of the Statutory County Court at Law Judges hearing criminal cases
2. Jury trial Experience
3. Special Language Qualification
4. Demonstrate proficiency representing Defendants.

 

IV.  INDIGENCE DETERMINATION STANDARDS

 “Net Household Income,” means all income of the Defendant and spousal income actually available to the Defendant. Such income shall include: take-home wages and salary (gross income minus those deductions required by law or as a condition of employment); overtime, severance pay, unemployment benefits, disability or workman’s compensation benefits; 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, retirement benefits, or annuities; and income from dividends, interest, rents, royalties, capital gains, periodic receipts from estates or trusts, regular payments from Social Security, veteran’s benefits, food, rent or household expenses received in lieu of wages or as a result of any agreement to share household expenses, tax refunds or compensation for injury. Seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the Defendant has no income or lesser income.

 “Non-exempt assets and property,” means cash on hand, stocks and bonds, accounts at financial institutions, and equity in real or personal property that can be readily converted to cash, other than assets and property exempt from attachment under state law.

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

1. A Defendant is indigent if:
   1. The Defendant’s net household income does not exceed 125% of the Poverty Guidelines as established and revised annually by the United Stated Department of Health and Human Services and published in the Federal Register; and
   2. The value of the non-exempt assets and property owned by the Defendant does not exceed $2,500.00;
2. Current Residence: A Defendant is considered indigent if the Defendant is currently serving a sentence in a correctional institution, in currently residing in a public mental health facility, or is the subject of a proceeding in which admission or commitment to such a mental facility is sought, and has no access to property or assets in excess of the amounts specified above.
3. Inability to Retain Counsel: A Defendant who does not meet any of the financial standards above may nevertheless be determined indigent if the Defendant is otherwise unable to retain private counsel without substantial hardship to the Defendant or the Defendant’s dependents, taking into account the following:
   1. The nature of the criminal charge(s),
   2. The anticipated complexity of the defense,
   3. The estimated cost of obtaining competent private legal representation for the matter charged,
   4. The amount needed for the support of the Defendant and the Defendant’s dependents,
   5. The Defendant’s income, source of income, assets and property owned, outstanding obligations, necessary expenses, the number and ages of dependents, and
   6. Spousal income that is available to the accused.
4. Indigence Statement: Defendants who are determined to be indigent and request a court appointed attorney shall sign the Indigence Form containing a statement, swearing that they are unable to hire their own attorney.
5. Duration of Indigency: An accused determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the accused person’s financial circumstances occur.
6. Factors NOT to be considered in determining indigence:
   1. The accused person’s posting of bail or ability to post bail may not be considered in determining whether the accused is indigent.
   2. The resources available to friends or relatives of the accused may not be considered in determining whether the accused is indigent.
7. Partial Indigency: If the court determines that the Defendant has financial resources that enable him to offset in part or in whole the costs of 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.
8. No Request for Attorney: If a Defendant does not request an appointed attorney, the Defendant will sign and date the Probable Cause, Rights, Bail and Attorney Request Form, attached hereto as “Exhibit C.”

V.  ATTORNEY SELECTION PROCESS

1. Rotation

1. The appointing authority shall appoint an attorney from the applicable Public Appointment list as described in Section B, below.
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 appear on the list shall remain next in order on the list.

 

2. Public Appointment Lists

The Statutory County Courts at Law hearing criminal cases in Montgomery County, Texas will maintain three Public Appointment Lists of attorneys qualified to represent indigent Defendants as follows:

1. Trial Category C for all misdemeanors;
2. Appellate Category C for all misdemeanors;
3. Special Language for all misdemeanors

 

Attorneys who desire to represent indigent persons shall file with the Statutory County Court at Law Judges hearing criminal cases:

(1) A sworn Application to be Placed on Public Appointment List for Montgomery County to have his/her name approved on one or more of the Public Appointment Listed, attached hereto as Exhibit “A”,

(2) An Attorney Certification of Knowledge of Local Rules for the Timely and Fair Appointment of Counsel for Indigent Defendants, attached hereto as Exhibit “B”, and

(3) A sworn Affidavit for Completed Training on TechShare, attached hereto as Exhibit “O”.

 

From time to time, the Statutory County Court at Law Judges hearing criminal cases shall meet and approve such Applications of eligible attorneys for each list, and the Administrative County Court at Law Judge shall sign the Order of Approval/Disapproval that is made a part of the Application to Be Placed on Public Appointment List for Montgomery County. A copy of each public appointment list shall be made available to the public upon request to the Appointment Designee, and be maintained for public review by posting on the county website for the Office of Indigent Defense.

 

3. Minimum Attorney Qualifications

1. All appointed attorneys must be approved by a majority of the Statutory County Court at Law Judges hearing criminal cases to be placed on the Appointment list.
2. All attorneys that request and are approved for appointment to each Public Appointment List shall maintain their principal office in Montgomery County, Texas. All attorneys must disclose the geographic location by city or town and physical address of their principal office as identified on the attorney’s State Bar of Texas webpage. An attorney shall have only one principal office.
3. An attorney shall submit by October 15^th each year a statement that describes the percentage of the attorney’s practice time that was dedicated to work based on appointments accepted in Montgomery County for adult criminal cases for the prior 12 months that begins on October 1 and ends on September 30. The report must be submitted through the online form to the Texas Indigent Defense Commission.
4. All attorneys shall reapply biennially for approval to the Public Appointment List(s) and may reapply at any time for a category for which they previously had not applied. The application renewal date will be July 1, 2015, and on the same day of every other year thereafter.

 

a) Trial Category C (Misdemeanor)

1. A separate master list will be maintained of attorneys who request and are approved for appointment to all misdemeanor trial cases.
2. All attorneys who request appointments in this category must:
   1. Assure that all information on their application is correct;
   2. Be licensed to practice law in Texas, be a member in good standing with the State Bar of Texas and may not have been the recipient of any public disciplinary action by the State Bar of Texas within the previous two years (unless otherwise approved by a majority vote of the Statutory County Court at Law Judges hearing criminal cases);
   3. Have completed at least 6 hours of Criminal Law CLE (during the prior 12 months) and at least 6 hours of Criminal Law CLE in each year thereafter for the duration of the time that the attorney remains on the appointment list;
   4. 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, attached hereto as Exhibit K. Continuing legal education activity completed within a one year period immediately preceding an attorney’s initial reporting period may be used to meet the educational requirements for the initial year. Continuing legal education activity completed during any reporting period in excess of the minimum 6 hours for such period may be applied to the following period’s requirement. The carryover provision applies to one year only; and
   5. Have tried to verdict or appealed at least one Class “B” or higher misdemeanor jury trial as 1^st or 2^nd chair.The case style and cause number of each case should be clearly listed on the attorney’s application form.
   6. An attorney must maintain an office capable of receiving email and telephone calls;
   7. An attorney must have the ability to produce typed motions and orders, and technology capable of accessing the mandatory county efiling system, and capable of accessing county discovery portals;
   8. An attorney shall notify the court administration office promptly, in writing, of any matter that would disqualify the attorney by law, regulation, rule or under these guidelines from receiving appointments to represent indigent defendants.

 

 b)  Appellate Category C (Misdemeanor)

1. A separate master list will be maintained of attorneys who request and are approved for appointment to all misdemeanor appellate cases.
2. All attorneys who request appointments in this category must:
   1. Be licensed to practice law in Texas and
   2. Have tried to verdict as 1^st or 2^nd chair or appealed at least one Class “B” or higher misdemeanor jury trial, or otherwise establishes proficiency in misdemeanor appellate work.

 
c)  Special Language Qualifications and Appointments

1. Each attorney who speaks more than one language, or who signs, may voluntarily note this fact when requesting appointment to any Public Appointment List.
2. The Magistrate or AD shall appoint an attorney that is capable of communicating in a language understood by the Defendant.
3. Attorneys wishing to qualify for appointment on cases with Defendants who do not speak and understand the English language or are deaf, must provide proof of proficiency in that language. Proof of proficiency in any language may be satisfied by providing certification and/or test results of a nationally recognized proficiency exam. Any attorney already approved for the Spanish speaking appointment list on or before June 1, 2023 will not be required to provide proof of Spanish language proficiency.

 

4. Duties of Appointed Counsel

1. Prompt Contact with Client. Appointed counsel shall make every reasonable effort to contact their client not later than the end of the first working day after the date on which the attorney is appointed, and shall interview the client as soon as practicable after the attorney is appointed. The court may replace an attorney who violates this requirement.
2. Maintain Office and Support. Appointed counsel shall maintain an office with a phone which is answered by a receptionist, an answering service, a voice recording device or other messaging system that is able to promptly notify the attorney of the existence of a call. Persons answering the phone must have the capability to promptly locate the attorney to notify the attorney of appointment and hearing settings. Appointed counsel shall maintain a fax number and/or an email address, to which faxes and emails can be received 24 hours a day, seven days a week.
3. Maintain Contact Information with Courts. All attorney contact methods, fax numbers, and email addresses shall be included in the Attorney Certification of Local Rules for the Timely and Fair Appointment of Counsel for Indigent Defendants. The attorney shall designate in his certification the primary method by which he or she shall be contacted. An attorney’s office number, fax number and email address shall be the official numbers and address which will be utilized by Court personnel to notify counsel of their appointment and of hearing settings, unless a different primary number or address is designated in the certification. Any change in these numbers or address shall be given in writing as soon as practicable (but, in any event, no less than 10 days prior to the change) to the Office of Indigent Defense or each County and District Judges, prior to the change.
4. Comply with all Laws and Standards. Appointed counsel shall comply with all laws, rules, procedures and ethical provisions for providing reasonable assistance of counsel to their client. Appointed Counsel shall maintain a high standard of ethical conduct toward the Court and their client of all matters relating to preparation, trial and disposition of the case, offers of plea bargains, appellate and writ rights, deadlines and such other matters necessary to provide reasonable assistance of counsel.
5. Duty of Continuous Representation. Appointed Counsel shall represent a Defendant until the charges are dismissed, the Defendant is acquitted, appeals are exhausted, or the attorney is relieved of his or her duties by the Court or replaced by other counsel after a finding of good cause is entered on the record.
   The duties of appointed counsel include but are not limited to the following obligations:

i.        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;

ii.       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;

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

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

v.       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;

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

vii.     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

viii.    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.

ix.      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.

6. Duty upon Receipt of “Daily Appointment”. Judges may from time to time appoint an attorney to appear for a set docket to be available to accept appointments in cases set for that docket. Attorneys receiving Daily Appointments shall be present in the courtroom at least thirty (30) minutes prior to the posted docket time and shall remain in the courtroom until released by the Presiding Judge. An attorney accepting a Daily Appointment shall continue as attorney of record for the Defendant until a final judgment (dismissal, acquittal, conviction other adjudication), appeals are exhausted or the attorney is permitted to withdraw, or is removed, by the Court.

 

5. Removal From Public Appointment Lists

1. The Statutory County Court at Law Judges hearing criminal cases will monitor attorney performance on a continuing basis to assure the competency of attorneys on the Public Appointment Lists. An attorney may be removed or suspended, as appropriate, from one or more appointment lists by a majority vote of the judges.
2. Cause for Removal. An attorney may be removed from all Public Appointment Lists and any active case he or she has been assigned for the following reasons:
   1. Suspension or removal of the attorney’s law license;
   2. Conviction for any felony, or misdemeanor involving a crime of moral turpitude;
   3. Indictment for a felony or a filing of an Information against the attorney involving a crime of moral turpitude;
   4. Intentional material misrepresentation by the attorney on the application for appointment;
   5. Failure to fulfill his or her duties required by law, Canons of Ethics, Local Rules, these Rules, or any conduct deemed inappropriate by the panel of Statutory County Court at Law Judges hearing criminal cases in Montgomery County.
3. Procedure for Removal. Removal from the Public Appointment Lists pursuant to these Rules shall be conducted as follows:
   1. Complaint Filed. Any Judicial Officer of Montgomery County, Texas who presides over a court that maintains a public appointment list may file a complaint against any attorney to request disciplinary action with the Office of Indigent Defense. The complaint shall be in writing and shall specify the details of the conduct in question. The complaint may include affidavits or exhibits supporting the allegation of misconduct.
   2. Notice to Counsel. Upon receipt of the complaint, the Director of the OID shall immediately forward a copy of said complaint to the attorney in question.
   3. Response May by Filed by Counsel. The attorney shall have ten (10) business days from the receipt of the complaint to file a response with the OID. The response shall be in writing and may contain any affidavits or exhibits to support the response.
   4. Panel to Review Complaint/Response. The Director of the Office for Indigent Defense shall convene a panel of all three Statutory County Courts at Law judges hearing criminal cases in Montgomery County to review the complaint and the response, if any. The panel shall meet in closed session and review all the documents, exhibits and affidavits filed with the Office of Indigent Defense.
   5. Determination by Panel of Action. The panel shall make a determination whether disciplinary action should be taken. Disciplinary action may consist of a private or public reprimand, temporary removal from all or some of the public appointment lists for up to one year, or permanent removal from public appointment lists.
4. No right of Appeal. The panel of judges has been granted the authority to act on behalf of the Board of Judges. The decision of the panel is final with no right of review or appeal.

 

6. Reinstatement to Appointment Lists

1. An attorney who was removed from the appointment list for non-completion of the required CLE hours may be immediately reinstated upon providing proof that the attorney has completed the required hours so long as the attorney otherwise meets the other qualifications under this Plan.
2. An attorney who was removed from the appointment list for not submitting the attorney's annual practice time report may be immediately reinstated upon submission of the report so long as the attorney otherwise meets the other qualifications under this Plan.
3. An attorney who was removed from the appointment list for any other reason and who wishes to be reinstated must apply through the original application process.

 

7. Judicial Removal from Case

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. The counsel’s failure to appear at a court hearing;
2. Counsel’s failure to comply with the requirements impose 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 26.52(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.

Whenever appointed counsel is removed or placed on hold under this section, replacement counsel shall immediately be selected and appointed in accordance with the procedures described in this plan.

A qualified attorney may at any time request, in writing, a period of temporary voluntary removal from the misdemeanor appointment wheels. At the end of any period of less than one year, upon written request, the attorney will be returned to the misdemeanor appointment wheel if he or she otherwise remains qualified. If the period of voluntary removal exceeds one year, the attorney must reapply for misdemeanor appointments through the original application process.

 

8. Appointment By Litigation Phases

1. In the Trial Court. Appointments made in accordance with the procedures outlined above shall be effective for all litigation in the trial court through and including a ruling on a Motion for New Trial, unless relieved by the Court at an earlier date. The Court shall advise the indigent Defendant of all appellate rights on the record immediately after the sentencing.
2. In the Court of Appeals.
   1. If requested by the Defendant-Appellant, counsel shall be appointed by the trial judge for the direct appeal to the Court of Appeals no later than the next working day after sentencing.
   2. Unless the Defendant specifically requests the appointment of trial counsel on appeal, the Court shall appoint an attorney other than the trial defense counsel on appeal.
   3. Appellate counsel shall be appointed from the Public Appointment Lists using the rotation procedure set out above.
3. In the Court of Criminal Appeals. If appellate counsel is requested in direct appeal, that appointment shall be effective through and including the filing of a Petition for Discretionary Review or Response to a Petition For Discretionary Review and subsequent proceedings through a final decision by the Court of Criminal Appeals.
4. In the United States Supreme Court. In a death penalty case, the appointment shall be effective through and including the filing of a Petition for Writ of Certiorari. In non-death penalty cases, upon application from appellate counsel, the trial court has discretion to appoint counsel to file a Petition for Writ of Certiorari.
5. Writs of Habeus Corpus. The Procedures outlined above for appointment of appellate counsel shall apply to writs of habeas corpus. The Court shall appoint a lawyer, other than the lawyer(s) that represented the Defendant at trial or on appeal, to represent the application in a writ of habeas corpus. An appointment in a writ of habeas corpus shall be effective through and including a decision by the Court of Criminal Appeals.

 

I.  Prompt Appointment of Counsel

1. Appointment of Counsel

1. At the Magistrate’s Probable Cause hearing (which shall be within 48 hours of arrest), and at any time thereafter while charges are pending against the Defendant, each Defendant shall be provided the opportunity to request court appointed counsel, if indigent. When a Defendant requests appointed counsel, the Magistrate or Judge may assist, or refer the Defendant to the OID for assistance, in completing the Attorney Request Form and the Application for Court Appointed Attorney, attached hereto as Exhibit “D.” The Magistrate, Judge, or AD may question the Defendant under oath regarding the Defendant’s financial resources in lieu of, or in addition to the Application for Court Appointed Attorney.
2. Where the Defendant is incarcerated, the Magistrate shall, no later than 24 hours after the Defendant requests appointment of counsel, transmit or cause to be transmitted to the OCA or Judge the forms requesting the appointment of counsel. Upon a determination of indigence, and no later than the end of the first working day after the date on which the OID or the Judge receive the Defendant’s request for appointed counsel, the Magistrate, Judge or OID shall appoint an attorney from the Public Appointment List using a system of rotation. The Magistrate, Judge, or the OID shall appoint the first attorney from the Public Appointment List in the order in which the attorney’s name appears on the List unless the Court makes a finding of good cause on the record for appointing an attorney out of order. Good cause may include:
   1. The Defendant requesting counsel does not understand English, in which case the judge will appoint the lawyer whose name appears in next order and speaks the client’s language, if one is available;
   2. The Defendant has an attorney who has already been 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 applicable list for the type of offense involved in the current case;
   3. Other good cause exists for varying from the list.
3. Any Defendant who remains unrepresented after 3 days of confinement shall be appointed counsel.
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.
5. Defendants not represented shall be advised of the right to counsel and of the procedure for obtaining counsel.
6. If an indigent Defendant is arrested in another county based on this county’s warrant, counsel will be appointed within 1 working day of the county’s receipt of the request for counsel.
7. 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 the county’s custody.
8. Where the Defendant has both felony and misdemeanor changes, the Magistrate, Judge, or OID shall appoint one attorney for all charges from the List for the most serious offense. In the event a Defendant requests an attorney who is not qualified for the category of offense with which the Defendant is charged, the Defendant must sign and file the Defendant’s Motion to Appoint Attorney on Higher Category Case, attached hereto as Exhibit “I.” The Magistrate, Judge or the OID shall sign an Order Appointing/Denying Attorney.The Defendant shall be required to sign a Sworn Affidavit of Financial Inability to Hire Counsel, attached hereto as Exhibit “J.”
9. The Magistrate, Judge, or the OID shall notify the attorney of the appointment by the most expeditious means available and provide counsel with a copy of the Order Appointing Counsel and the last known location of the Defendant. If the attorney does not accept the appointment, the attorney shall immediately advise the Magistrate, Judge or the OID and the above rotation process shall be repeated.

 

2. Defendants Appearing Without Counsel

If a Defendant appears without counsel in any adversarial judicial proceeding that may result in punishment by confinement:

1. The court may not direct or encourage the Defendant to communicate with the attorney representing the State until the court advises the Defendant of the right to counsel and the procedure for requesting court appointed counsel and the Defendant has been given a reasonable opportunity to requested appointed counsel.
2. 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 and, subsequent to the denial, the Defendant has been given a reasonable opportunity to retain and has failed to retain appointed counsel, or has waived the opportunity to retain private counsel.
3. The attorney representing the State may not initiate or encourage an attempt to obtain from the Defendant a waiver of the right to counsel, or 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.

V.  ATTORNEY SELECTION PROCESS

1. Rotation

1. The appointing authority shall appoint an attorney from the applicable Public Appointment list as described in Section B, below.
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 appear on the list shall remain next in order on the list.

 

2. Public Appointment Lists

The Statutory County Courts at Law hearing criminal cases in Montgomery County, Texas will maintain three Public Appointment Lists of attorneys qualified to represent indigent Defendants as follows:

1. Trial Category C for all misdemeanors;
2. Appellate Category C for all misdemeanors;
3. Special Language for all misdemeanors

 

Attorneys who desire to represent indigent persons shall file with the Statutory County Court at Law Judges hearing criminal cases:

(1) A sworn Application to be Placed on Public Appointment List for Montgomery County to have his/her name approved on one or more of the Public Appointment Listed, attached hereto as Exhibit “A”,

(2) An Attorney Certification of Knowledge of Local Rules for the Timely and Fair Appointment of Counsel for Indigent Defendants, attached hereto as Exhibit “B”, and

(3) A sworn Affidavit for Completed Training on TechShare, attached hereto as Exhibit “O”.

 

From time to time, the Statutory County Court at Law Judges hearing criminal cases shall meet and approve such Applications of eligible attorneys for each list, and the Administrative County Court at Law Judge shall sign the Order of Approval/Disapproval that is made a part of the Application to Be Placed on Public Appointment List for Montgomery County. A copy of each public appointment list shall be made available to the public upon request to the Appointment Designee, and be maintained for public review by posting on the county website for the Office of Indigent Defense.

J. Compensation of Counsel For Appointment Cases

a) Rates

b) Payments

VI.RETENTION OF RULES

These Rules shall be filed and maintained in the OCA, the Office of the Administrative Judge, the office of the Administrative County Court at Law Judge, and the offices of the District and County Clerk.

 

ADOPTION

Adopted the 26^th day of November, of the year 2001.

Amended the 4^th day of October, of the year 2002.

Amended the 15^th day of November, of the year 2002.

Amended the 31^st day of October, of the year 2003.

Amended the 27^th day of August, of the year 2004.

Amended the 14^th day of October, of the year 2004.

Adopted the 7^th day of October, of the year 2005.

Adopted the 9^th day of February, of the year 2007.

Adopted the 11^th day of May, of the year 2007.

Adopted the 5^th day of October, of the year 2007.

Adopted the 6^th day of November, 2009, and effective December 1, 2009.

Amended the 7^th day of October, 2010.

Amended the 24th day of March, 2011, and effective April 1, 2011.

Amended the 6th day of October 2011, and effective October 9, 2011.

Amended the 3^rd day of February, 2012, and effective February 3, 2012.

Amended the 4^th day of October, 2013, and effective October 4, 2013.

Amended the 4^th day of June, 2015, and effective June 4, 2015.

Amended the 2^nd day of October, 2015, and effective October 2, 2015.

Amended the 2^nd day of October, 2020, and affective October 2, 2020.

Amended the 26^th day of June 2023, and effective July 1, 2023.

Montgomery County Court Affidavit of Indigence.pdf (10/7/2015 3:54:24 PM) view
Montgomery County Court Application to be Placed on Public Appointment List for Montgomery County.pdf (9/20/2017 12:00:49 PM) view
Montgomery County Court Attorney Application for Appointment.pdf (10/7/2015 3:55:50 PM) view
Montgomery County Court Attorney Fee Schedule.pdf (10/9/2020 9:37:17 AM) view
Montgomery County Court Attorney Fee Voucher.pdf (6/16/2015 4:32:22 PM) view
Montgomery County Court Hourly misd fee schedule.doc (3/25/2011 4:35:40 PM) view
Montgomery County Court Magistrates Warning Form.doc (11/20/2009 3:16:00 PM) view
Montgomery County Court Magistrate’s Warning Form.pdf (3/27/2012 2:57:57 PM) view