Ellis Juvenile Board Plan
Prompt Detention Hearings
I. A child taken into custody must either be brought to a juvenile processing office without unnecessary delay where they may not be detained for longer than six hours pursuant to §52.025, Family Code, or another disposition authorized by §52.02, Family Code, including referral
to the office designated by the Juvenile Board as intake for the Juvenile Court. The intake officer shall process the child according to the requirement of §53.01, Family Code, and shall also inform the child and the child’s parents of the right to
appointed counsel if they are indigent and provide a form for the purpose of determining eligibility for appointment of counsel. If the child is not released by intake, then a detention hearing shall be held not later than the second working day after the child
is taken into custody unless the child is detained on a Friday, Saturday, or listed holiday in which case, the detention hearing shall be held on the first working day after the child is taken into custody.
II. Prior to the detention hearing the court shall inform the parties of the child's right to counsel and to appointed counsel if they are indigent, and of the child's right to remain silent as to the alleged conduct.
III. The detention hearing may be conducted without the presence of the child's parent(s) or other responsible adult(s), however, in these cases the Court must immediately appoint counsel or a guardian ad litem to represent the child.
IV. The Court shall provide the attorney for the child access to all written matters to be considered by the Court in making the detention decision.
Indigence Determination Standards
I. Definitions, as used in this rule:
A. “Indigent” means a person who is not financially able to employ counsel.
B. “Net household income”, in the case of a child, is the income of the child’s parents or other person determined responsible for the support of the child. Such income shall include: take-home wages and salary (gross income earned minus those deductions required by
law or as a condition of employment); net self-employment income (gross income minus business expenses, and those deductions required by law or as a condition of operating the business); regular payments from a governmental income maintenance program,
alimony, child support, public or private pensions, or annuities; and income from dividends, interest, rents, royalties, or periodic receipts from estates or trusts. Seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the person determined responsible for the support of the child has no income or lesser income.
C. “Household” means all individuals who are actually dependent on the child’s parent(s) or person(s) deemed responsible for the support of the child for financial support.
D. “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.
II. Eligibility for Appointment
A. A child is presumed indigent if any of the following conditions or factors are present:
1. At the time of requesting appointed counsel, a child is presumed indigent if the child's parent(s) or other person(s) determined responsible for the support of the child is eligible to receive food stamps, Medicaid, Temporary Assistant for Needy Families, Supplemental Security Income, or public housing.
2. The net household income of the child’s parent(s) or other person(s) determined responsible for the support of the child does not exceed 125% of the Poverty Guidelines as revised annually by the Unites States Department of Health and Human Services and published in the Federal Register.
3. The child's parent(s) or other person(s) determined responsible for the support of the child is currently serving a sentence in a correctional institution, is currently residing in a public mental health facility, or a subject to a proceeding in which admission or committment to such a mental health facility is sought; or
B. The child who does not meet any of the standards above shall nevertheless be considered indigent if the child’s parent(s) or other person(s) responsible for the child is unable to retain private counsel without substantial hardship. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:
1. the nature of the charge(s);
2. anticipated complexity of the defense;
3. the estimated cost of obtaining competent private legal representation for the matter(s) charged;
4. the amount needed for the support of the child, the child’s parent(s)/person(s) responsible, and other dependents of parent(s)/person(s) responsible;
5. child’s parent(s)’ income or the income of the other person(s) determined responsible for the support of the child;
6. source of income;
7. assets and property owned by the child, child’s parent(s), or other person(s) determined responsible for support of the child;
8. outstanding obligations;
9. necessary expenses; and
10. the number and ages of any siblings of the child;
C. Factors NOT to be considered in determining indigence:
1. The resources available to friends or relatives of the child, other than the child's parent(s) or other person(s) deemed responsible for the child, may not be considered in determining whethe the child is indigent.
2. Only the child’s parent(s) or other person(s) responsible for the child and the child's financial circumstances as measured by the financial standards stated in this rule shall be used as a basis for determining indigence.
III. Indigence Proceedings:
A. The appointing authority can require the child and the child’s parent(s) or other person(s) responsible for the child to respond to questions about the child’s household financial status, produce documentation supporting financial information provided, and/or order a court official to verify financial information provided.
B. Information gathered for determining indigence, both in the affidavit of indigence and through oral examination, may not be used for any purpose other than:
1. determining if the child is or is not indigent; or
2. impeaching direct testimony of the child or the child’s parent(s)/person(s) responsible regarding the child’s indigence.
C. A request by the appointing authority for additional information, documentation, and/or verification cannot delay appointment of counsel beyond timelines specified in Parts I and IV of these rules.
D. A child determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the child’s financial circumstances occurs.
1. A child’s status as indigent or not indigent may be reviewed in a formal hearing at any stage of a pending case. The child’s indigent status will be presumed not to have changed. The presumption can be rebutted in the review of proceedings based on the following:
a. evidence of a material change in the child’s parent(s) or other person(s) responsible and the child’s financial circumstances; or
b. additional information regarding the child’s parent(s) or other person(s) responsible and the child’s financial circumstances that shows that they do not meet any of the standards for indigence contained in these rules.
2. If a child previously determined to be indigent is subsequently determined not to be indigent, the attorney shall be compensated by the county according to the fee schedule for hours reasonably expended on the case.
IV. Reimbursement – If the Court determines that a child’s parent(s), or other person(s) responsible for the child has financial resources that enable him to offset or in part or in whole, the costs of the legal services provided, including any expenses and costs, the Court may order the child’s parent(s), or other person(s) responsible for the child to pay during the pendency of the charges or, if found to have engagged in delinquent conduct or CINS, as court costs the amount that it finds the child parent(s) or other person(s) responsible for the child is able to pay.
Minimum Attorney Qualifications
I. All attorneys are eligible for juvenile court appointments - The Juvenile Board of Ellis County, Texas shall approve a list of attorneys eligible to serve as court appointed counsel for juvenile court cases (hereinafter referred to as the Juvenile List). The Juvenile Board may
update the list as the list of eligible attorneys’ changes.
A. Although priority will be given to the approved list of attorneys requesting appointments, all licensed attorneys maintaining an office for the practice of law with a physical location in Ellis County, Texas are subject to appointment with the following exceptions:
1. Those attorneys who are employed with a governmental entity and whose employment is a disqualification from appointment in juvenile proceedings; or,
2. Those attorneys who have been found by a majority vote of the Juvenile Board to be unqualified for appointment in juvenile court proceedings.
B. The presiding judge of the Juvenile Court will attempt to appoint only eligible attorneys who have indicated a preference to serve as a court appointed attorney for juvenile cases and whose names are contained on the approved Juvenile List. If the appointing judge determines that the eligible attorneys contained on the Juvenile List is insufficient to provide competent court appointed attorney services in a given case, then any eligible attorney may be required to accept an appointment at the discretion of the presiding judge.
C. Each year all attorneys who wish to be included on the Juvenile List are required to file a prescribed application with the Juvenile Board of Ellis County, Texas for the purpose of determining eligibility and suitability for placement on the Juvenile List.
D. A Court appointed attorney in a juvenile proceeding shall comply with the State Bar Rules, the Lawyer’s Creed, and the Texas Juvenile Justice Code in representing the child and shall timely inform the client of all matters necessary to provide reasonable assistance of counsel. The court appointed attorney shall be present and prepared for all scheduled hearings. An appointed attorney shall continue to represent the child until: the case is terminated; the child or child’s family retains an attorney; removed by the presiding judge; or, a new attorney is appointed by the juvenile court. Release of the child from detention does not terminate the attorney’s representation.
II. To be eligible for the Juvenile List, an attorney must meet the following minimum requirements:
A. Demonstrate competence and professionalism in the ethical representation of each client;
Must be knowledgeable in juvenile law and be aware of collateral consequences of a juvenile adjudication and disposition;
B. The attorney must submit an accurate and truthful application if the attorney seeks to receive appointments in juvenile cases. An application may be submitted at any time during the calendar year. An attorney shall complete a minimum of 6 hours of Continuing
Legal Education (CLE), and the reporting period shall run from December 1st of each year thru November 30th of the following year, with an affidavit being due on or before December 15th following the end of each reporting period.
The Juvenile List will be updated as new attorneys are added to the Juvenile List:
C. The attorney must not have been the recipient of any public disciplinary action by the State Bar of Texas or any other attorney licensing authority of any state or the United States within the last 3 years;
D. The attorney must maintain a law office in Ellis County that is:
1. capable of receiving fax and telephone calls;
2. serviced by a business telephone number that is published in the telephone local directory and answered 24 hours a day, 7 days a week (voice mail or answering machine is sufficient for receiving calls during non-business hours);
3. capable of receiving email from the Court;
4. staffed by at least one person who can be contacted at that office address and phone number during business hours in the attorney’s absence;
5. capable of receiving the public;
6. holding confidential meetings with clients and witnesses; and,
7. has an appearance that is appropriate for conducting legal business involving juveniles in the professional manner expected by the public.
E. The attorney must have the ability to produce typed motions and orders;
F. The attorney must provide professional legal services and representation in a reasonable amount of time comparable with the average ability of experienced juvenile law attorneys for similar cases with similar circumstances;
G. The attorney must maintain eligibility requirements after being placed on the Juvenile List. An attorney shall notify the 443rd District Court or the trial court of a pending case 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 respondents;
H. The attorney must accept retained employment for juvenile and/or criminal cases; and,
I. Provide verifying proof that the attorney has completed and maintains the minimum continuing legal or education requirements of 1 TAC §174.2,
["An attorney may be appointed under this rule only if an attorney:
(1) Completes a minimum of six hours of continuing legal education pertaining to juvenile law during each 12-month reporting period. The juvenile board shall set the 12-month reporting period applicable to the jurisdiction. Continuing legal education may include activities accredited under Section 4, Article XII, State Bar Rules, self-study, teaching at an accredited continuing legal education activity, attendance at a law school class or legal research-based writing. A juvenile board may require an attorney to complete more than the minimum number of hours of continuing legal education in juvenile law in the plan developed under Section 51.101, Family Code; or, (2) Is currently certified in juvenile law by the Texas Board of Legal specialization. (effective April 27, 2003, 28 Tex Reg 3493)]
(2) Continuing legal education activity completed during any reporting period in excess of the minimum six hour requirement for such period may be applied to the following period's requirement. The carryover provision applies for the next year only.
J. In accordance with Article 26.04 of the Code of Criminal Procedure, an attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county
for adult criminal cases and juvenile delinquency cases for the prior twelve months that begins October 1 and ends on September 30.
The report must be submitted through the online form to the Texas Indigent Defense Commission. Penalties for failing to submit a required practice-time statement or any failure to comply with any other provision may include an attorney's removal from The List, a
determination that the attorney is not eligible for placement on The List for future appointments, a substitution of counsel on existing cases, or/any other remedy agreed upon by the judges or other appointing authority.
III. Experience Requirements – There are essentially three levels of cases in juvenile matters and the attorney must have the minimum experience commensurate with each level in order to be eligible for that type of juvenile appointment.
A. Level One involves cases of misdemeanor violations or other conduct that constitutes conduct indicating a need for supervision (CINS) or delinquent conduct where commitment to TJJD, determinate sentence and/or discretionary transfer to criminal court is not an option.
The minimum experience required for this level is:
1. meet the general requirements;
2. have a minimum of one (1) year of work experience in juvenile and/or criminal law;
3. participation or observation in at least:
a. two (2) stipulated adjudications;
b. two (2) detention hearings; and
4. participation in at least one juvenile or criminal trial before a jury as first or second chair that resulted in a jury verdict.
B. Level Two involves cases of alleged felony conduct for which placement or commitment to TJJD is an option that may be considered by the Court and determinant sentencing and/or discretionary transfer to criminal court is not available or not being sought. The minimum experience requirement required for this level is:
1. meet the general requirements;
2. have a minimum of two(2) years of work experience in juvenile and/or criminal law;
3. must have observed or participated in at least:
a. five (5) stipulated adjudications;
b five (5) detention hearings; and,
4. participated in two (2) criminal or juvenile trials before a jury as first or second chair that resulted in a jury verdict.
C. Level Three involves cases of alleged felony conduct where a determinate sentence and/or discretionary transfer to criminal court is being or may be sought by the State. The minimum experience requirement for this level is:
1. meet the general requirements;
2. have a minimum of five (5) years work experience in juvenile law;
3. participated as first or second chair in at least ten (10) criminal or juvenile cases involving an allegation of a felony charge, of which at least two were tried to a jury verdict; and,
4. tried at least three (3) criminal cases or juvenile cases as lead counsel in a contested trial that ended in a verdict.
IV. Attaining experience – Attorneys not having the minimum experience required for appointment at a specified level may attain such experience by accepting uncompensated appointment as second chair (with approval of the trial court and lead attorney) for juvenile, adult misdemeanor, and adult felony trials.
V. Removal of attorneys from the Juvenile List by action of the Juvenile Board - The Juvenile Board of Ellis County, Texas by a majority vote may remove an attorney from the Juvenile Appointed Attorney List if: the attorney intentionally or repeatedly does not fulfill the duties required by law, rules, local rules or provisions for providing reasonable assistance of counsel; does not comply with the requirements for inclusion on the approved list of attorneys for children under the Texas Juvenile Justice Code; has twice or more failed to contact or interview clients in a timely manner as required by Article 26.04(j)(1), Code of Criminal Procedure; has submitted a claim for legal services not performed; fails to maintain compliance with each of the appointment list requirements; has been fund by a court to have provided ineffective assistance of counsel; has violated a rule of professional responsibility; has been convicted of or received a deferred adjudication for any offense, other than an offense punishable by a fine only; is under indictment or being normally charged with an offense, other than an offense punishable by a fine only; has intentionally misrepresented statements on the application for the appointment list; or for another stated good cause. The decision of the Juvenile Board is final and may not be appealed.
VI. In order to be placed on the Juvenile List, all applicants must have: the required qualifications; possess the required experience; and, receive a majority vote from the Juvenile Board.
VII. Duties of Appointed Counsel:
1. Make every reasonable effort to:
a. Contact the child by the end of the first working date on which the attorney is appointed; and
b. Interview the child as soon as practicable after the attorney is appointed;
2. Represent the child until:
a. The case is terminated;
b. The family retains an attorney;
c. The attorney is relieved of his/her duties by the court or replaced by other counsel.
3. Investigate, either by self 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 child;
4. Brief the law of the case and be prepared to present any legal defense that may be reasonably and arguably available to the child;
5. Be prepared to negotiate with the prosecutor for the most favorable solution of the case as can be achieved through a plea agreement;
6. Be prepared to try the case to conclusion either with or without a jury;
7. Be prepared o file post-trial motions, give notice of appeal and ensure that the Court is advised of the child's desire to appeal the case so that counsel can be appointed if needed and/or required;
8. Maintain reasonable communication and keep the child informed of the status of the case;
9. Advise the child on all matters involving the case and such collateral matters as may reasonably be required to aid the client in making appropriate decisions about the case;
10. Perform the attorney's duty owed the child in acordance with the procedures, the requirements of the Code of Criminal Procedure and the Family Code, and applicable rules of ethics.
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 email, phone or personal contact if for any reason the appointment cannot be accepted.
Prompt Appointment of Counsel
I. Appointment of Counsel for Children in Detention:
A. Prior to the detention hearing, the Court shall confirm the child is being represented by an attorney, inform the parties of the child’s right to counsel and to appoint counsel if they are indigent, and of the child’s right to remain silent as to the alleged conduct. The Court shall appoint an attorney to represent the child prior to the initial detention hearing, unless the Court finds that the appointment of Counsel is not feasible due to exigent circumstances or the child already has attorney.
If an attorney is appointed for purposes of the initial detention hearing, the Court may review the indigence of the child at a subsequent proceeding.
The court may appoint an attorney to represent the child at any time the Court deems representation is necessary to protect the interests of the child.
B. Prior to the initial detention hearing, the Court shall provide the attorney for the child with access to all written matters to be considered by the Court in making the detention decision.
C. If there is no parent or other responsible adult present, the Court must appoint counsel to act as a guardian ad litem or appoint a guardian ad litem for the child.
D. If the juvenile is detained, the child has an immediate right to counsel. If counsel has not already been appointed or retained at the initial detention hearing, the Court must either appoint counsel or direct the juvenile’s parent or other responsible adult to retain an attorney promptly. The Court shall enforce an order to retain counsel by appointing an attorney to represent the child and requiring that the child’s parent or other responsible adult reimburse the county for attorneys’ fees.
This remedy is in addition to any other remedy available to the Court, at law or in equity.
E. Upon appointment, the Court Coordinator of the presiding court shall notify the appointed attorney by e-mail or personal contact of the appointment and the next scheduled hearing time and date.
F. The appointed attorney shall make every reasonable effort to contact a child in detention by the end of the first working day after receiving the notice of appointment or to inform the Court that the appointment cannot be accepted. Contacting the child in detention may be by personal visit (including contact prior to a detention hearing in court), by phone, or by video teleconference.
G. An attorney appointed for detention hearing shall continue to represent the child until the case is terminated, the family retains an attorney, a new attorney is appointed by the Juvenile Court, or by other order of the Juvenile Court. Release of the child from detention does not terminate the attorney’s representation.
H. A Court-appointed attorney shall contact the child, in one of the ways mentioned above, no less than once every ten working days while the child remains in detention.
I. An attorney appointed for a detention hearing shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the Juvenile Court. Release of the child from detention does not terminate the attorney's representation.
J. Court-appointed attorneys shall make every effort to comply with the Texas State Bar Code of Ethics for communication with a client.
II. Appointment of counsel for children not detained at Intake and/or not detained at the time of appointment:
A. If the child is released from detention and if a petition to adjudicate or a motion to modify is filed, the Juvenile Court may use the financial forms gathered at intake to make a determination of indigence. If the child is not represented by an attorney of record, the Juvenile Court shall inform the child and the child’s parent/guardian/custodian of their legal rights, including the right to counsel and the right to request a court-appointed attorney prior to any adversarial hearing.
B. If the Court makes a finding of indigence, the Court shall appoint counsel on or before the 5th working day after the date the petition for adjudication or discretionary transfer hearing has been served on the child; or a motion to modify disposition seeking commitment to TJJD or placing in secure correctional facility has been filed.
C. The Juvenile Court may appoint an attorney in any case in which it deems representation necessary to protect the interests of the child.
D. The prosecuting attorney/court clerk shall notify the Juvenile Court upon the filing of and return of service of a motion to modify or the return of service of a petition for adjudication or discretionary transfer.
Attorney Selection Process
I. The appointing authority will identify which of the appointment lists (Level One, Two, or Three) discussed in the attorney qualifications section, is most appropriate based on the accusations against the child and will appoint the attorney whose name is next in the rotation on the appropriate list, unless the Court makes a finding of good cause for appointing an attorney out of order. Good cause may include:
A. The child requesting counsel is not fluent in 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 child has an attorney already appointed on a prior, pending, or concluded matter. The same attorney will have preference to be appointed to the new matter, unless the attorney is not on the Juvenile List for the type of offense involved in the current case;
C. The initial detention hearing is scheduled and the first attorney on the list is unavailable; or other good cause exists for varying from the list.
D. The attorney or the firm represents a co-accused;
E. The child requested a particular attorney not be appointed;
F. The child requested a particular attorney be appointed;
G. The attorney requested that he/she not be appointed to a particular child or to a particular case;
H. The attorney has indicated an ethical conflict exists in representation of a particular child;
I. The Court perceives the appearance of an ethical conflict in representation of a particular child or a particular case;
J. The attorney has not withdrawn from the Juvenile List but has requested that he/she not be appointed for a specified period of time or until the Court is notified otherwise;
L. The attorney is not available to contact the child within the time required by the Plan and/or interview the child within the time required by the Plan;
M. The attorney is not eligible for appointment;
N. The complexity or nature of the case may require an attorney with more experience;
O. The child makes a request for an appointed attorney in court and an attorney on the Juvenile List is available in the courtroom;
P. The expeditious and effective resolution of current or additional cases would be impaired due to the number or complexity of undisposed cases on an attorney’s docket; or
Q. Other good cause exists for varying from the Juvenile List.
II. Once appointed, an attorney’s name will be rotated to the bottom of the Juvenile List. An attorney who is not appointed in the order in which the attorney’s name appears on the Juvenile List shall remain next in order on the List.
III. Equal and/or Fair Distribution of Cases – Due to the complexity of a case or needs of an accused, the number of cases assigned or the amount of compensation may not always be equal among the attorneys on the Juvenile List within a given time frame or a given accounting year. Additionally, the Court allows attorneys to temporarily remove themselves from the Juvenile List upon notice, e.g. vacations, illness, workload, etc.
It is not practical to make up the number of cases to attorneys who have taken voluntary leave from appointments or who have not been appointed to cases because the number or complexity of the undisposed cases on the attorney’s docket. Otherwise, the appointing authority will appoint each attorney in turn as the name appears on the Juvenile List and any attorney passed over for the enumerated reasons will be appointed to the next case for which the attorney is eligible, in order to ensure, as far as practical, equal and/or fair distribution of cases among the attorneys on the Juvenile List.
IV. Judicial Removal from a case:
A. The judge presiding over a case involving a child may remove appointed counsel in any case upon making a ruling on the record in open court or entering a written order showing good cause for such removal, including but not limited to, 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 “The Plan”;
3. Current information about the child and the charges against the child indicate that another qualified attorney is more appropriate for the child under these rules;
4. The appointed counsel shows good cause for being removed, such as illness, workload, or scheduling difficulties;
5. The child requests an attorney other than trial counsel, for appeal;
6. The child shows good cause for removal of counsel, including counsel’s persistent or prolonged failure to communicate with the child; or,
7. Any other reason deemed by the Presiding Judge to constitute good cause.
B. Appointment of Replacement Counsel – Whenever appointed counsel is removed under this section, replacement counsel shall promptly be selected and appointed in accordance with the procedures described in this Plan.
V. If an attorney is appointed for appeal only, the attorney shall have the same qualifications required for initial appointment.
Fee and Expense Payment Process
I. Court appointed counsel shall be compensated for reasonable and appropriate services rendered in representing the accused. Compensation shall be reasonable for time and effort expended and will be in accordance with a fee schedule adopted and approved by the Juvenile Board. The Code of Criminal Procedure will govern the appeal of a non- payment or reduction of an attorney’s requested amount of payment.
II. Compensation for court appointed counsel and related expenses shall be made on a case by case basis, as determined by the Presiding Judge of the presiding Juvenile Court. Compensation and expenses shall be recorded and submitted on an approved form for juvenile cases.
The Presiding Judge may disapprove requested court appointed fees: that exceed the Court’s approved fee schedule; the attorney has failed to provide to the Court with an itemized document setting forth billable attorney’s hours and/or expenses; the attorney has submitted an itemized statement that records unauthorized expenses; the Court finds that the time and labor required, the lack of novelty and difficulty of the questions involved and the skill requisite to properly perform the legal services do not justify the requested fee; the Court finds that the requested payment exceeds the fee customarily charged in the locality for similar legal services; the Court finds that the nature and length of the professional relationship with the client does not justify the requested fee; and, for other good cause.
RATE FOR THE FOLLOWING ACTIVITIES:
Out of Court Time $60.00 per hour
Detention/Release Hearing $75.00 (flat fee)
Announcement $75.00 (flat fee)
Pre-Trial Hearing $75.00 (flat fee)
Non-Jury Disposition $300.00 (flat fee)
Status Hearing/Probation/Court Review/Indigency Hearing $75.00 (flat fee)
Jury Trial $90.00 per hour
Appeal $100.00 per hour
Certification Hearing/Discretionary Transfer $90.00 per hour
TBC/Contested Motion to Modify/Contested Hearing $90.00 per hour
III. Payment Process – No payment of attorney’s fees will be made other than in accordance with the rules set forth below:
A. An appointed attorney shall fill out and submit a fee voucher to the Court for services rendered on the approved juvenile form.
B. 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 state 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 in conformity with the Code of Criminal Procedure.
3. Requests that are approved will be recorded by the Clerk of the Court and submitted to the County Auditor for payment.
IV. Payment of Expenses:
A. Procedure With Prior Court Approval:
1. Appointed counsel may file with the Trial Court a pretrial ex parte confidential request for advance payment or approval of investigative and expert expenses. The request for expenses must state as applicable:
a. the type of investigation to be conducted or the type of expert to be retained;
b. specific facts that suggest the investigation will result in admissible evidence or that the services or an expert are reasonably necessary to assist in the preparation of a potential defense; and
c. an estimates cost of anticipated expenses for each investigation or each expert.
2. The Court shall grant the request for advance payment or approval of expenses in whole or in part if the request is reasonable. If the Court denies in whole or in part an ex parte request for expenses, the Court shall:
a. state the reasons for the denial in writing;
b. attach the denial to the confidential request; and
c. submit the request and denial as a sealed exhibit to the record.
3. Reimbursement of expenses incurred for purposes of investigation or expert testimony may be paid directly to a private investigator licensed under Chapter 1702, Occupations Code, or to an expert witness in the manner designated by appointed counsel and approved by the court. Art. 26.05(h)CCP
B. Procedure Without Prior Court Approval:
1. Appointed counsel may incur investigative or expert expenses without prior approval of the Court. On presentation of a claim for reimbursement, the Court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonably incurred. Unreasonable or unnecessary expenses will not be approved.
2. Reimbursement of expenses incurred for purposes of investigation or expert testimony may be paid directly to a private investigator licensed under Chapter 1702, Occupations Code, or to an expert witness in the manner designated by appointed counsel and approved by the court. Art. 26.05(h)CCP
Ellis Juvenile Board Affidavit of Indigence.docx (10/29/2013 11:37:56 AM) view
Ellis Juvenile Board Attorney Application for Appointment.doc (10/29/2013 11:38:53 AM) view
Ellis Juvenile Board Attorney Fee Voucher.pdf (10/31/2019 4:37:39 PM) view