Baylor, Cottle, King and Knox District Court and County Court Plan
Be it remembered that on the date set out below, the District Judge of
the 50th Judicial District of Texas, and the County Judges of the respective
Counties comprising the 50th Judicial District, hereby ADOPT, ORDER,
ESTABLISH, and ORDER PUBLISHED the following Procedures, Rules, and Orders
for the timely and fair appointment of counsel for indigent accused persons in
the County Courts of Baylor, Cottle, King and Knox Counties and in the District
Court of the 50th Judicial District of Texas.
This is the plan for all of the Courts in the 50th Judicial District to
conform to the requirements of the Texas Fair Defense Act passed by the
Legislature of the State of Texas, and signed into law in 2001 and meets all current legal requirements through 10/26/2020.
A. Arresting Officer Responsibilities
i. 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.
ii. 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.
iii. 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 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 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.
B. Magistrate Duties
i. At the Magistrate’s hearing, the magistrate should determine if accused can speak and understand English, or if the defendant is deaf.
ii. 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:
1. Advise the accused of the accusation against him/her and any affidavit filed therewith;
2. Admonish the accused of:
a. The right to retain counsel;
b. The right to remain silent;
c. The right to have an attorney present during any interview with peace officers or attorneys representing the state;
d. The right to terminate an interview at any time;
e. The right not to make a statement and that any statement made by the accused may be used against him/her; and
f. The right to an examining trial.
3. Inform the accused of the right to appointed counsel if the person cannot afford counsel and the procedures for requesting appointment of counsel.
4. Inquire as to whether accused is requesting that counsel be appointed.
5. Provide accused persons requesting appointed counsel with necessary forms for requesting appointment of counsel and ensure that reasonable assistance in completing required forms is provided to the accused at the time of the magistrate’s hearing.
6. If the magistrate has reason to believe the accused is not mentally competent, the magistrate shall enter a request for counsel on behalf of the accused. Such a request will alert the appointing authority that counsel competent to represent mentally ill persons should be appointed.
iii. 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.
1. 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.
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.
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.
iv. The magistrate shall set the amount of bail and any conditions of bond for the accused, if bail is allowed by law and has not been set by the court or magistrate issuing a warrant.
v. The magistrate shall record the following:
1. The date and time the accused was arrested and the date and time when he/she was brought before the magistrate.
2. Whether the magistrate informed the accused of the right to request appointment of counsel and asked the accused whether he/she wants to request counsel.
3. Whether the accused requested appointment of counsel
vi. 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 form and any other forms requesting appointment of counsel to the District Judge for felony cases, and to the County Judge for the appropriate county for misdemeanor cases. 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.
vii. 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 three working days unless the County has a U.S. Census population over 250,000, in which case counsel shall be appointed within one working day.
viii. If a request for counsel was made at magistration, the appointing authority shall forward the magistrate form and any other forms requesting appointment of counsel to the appropriate clerk to be put into the case file.
ix. If a request for counsel was not made at magistration, the magistrate will forward the magistrate form to the clerk to be put into the case file.
x. 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 magistrate will provide the arrestee with the appropriate forms for requesting counsel. The magistrate 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 within 24 hours of the request being made. Regarding the appointment of counsel, persons arrested in other counties on local warrants must be appointed counsel in the county that issued the warrant within 1 working day of receipt of the request in counties with a population of 250,000 or more and within 3 working days of receipt of the request in counties under 250,000. Persons arrested on out-of-county warrants must be appointed counsel in the county of arrest if the person has not been transferred or released to the custody of the county issuing the warrant before the eleventh (11th) day after the date of the arrest. [Art. 1.051(c-1), CCP].
Indigence Determination Standards
Definitions, as used in this
“Indigent” means a person who is not financially able to employ counsel.
“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.
“Household” means all individuals who are actually dependent on the
accused for financial support.
“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
An accused is presumed
indigent if any of the following conditions or factors are present:
1. At the time of
requesting appointed counsel, the accused or accused’s dependents are eligible
to receive food stamps, Medicaid, Temporary Assistance for Needy Families,
Supplemental Security Income, or public housing;
2. 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; or
3. 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.
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 appointing authority shall take into
1. the nature of the
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 accused and the accused’s dependents;
5. accused’s income,
6. source of income,
7. assets and property owned,
8. outstanding obligations,
9. necessary expenses,
number and ages of dependents, and
income that is available to the accused.
Factors NOT to be considered in determining
1. The accused’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.
iv. 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:
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.
Information gathered for
determining indigence, both in the affidavit of indigence and through oral
examination, may not be for any purpose other than:
1. Determining if accused
is (or is not) indigent; or
2. Impeaching direct
testimony of accused regarding the accused’s indigence.
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.
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.
1. 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
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.
2. 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.
If the court determines
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.
Minimum Attorney Qualifications
Minimum Attorney Qualifications for Adults
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:
All attorneys on the
appointment list must ensure all information on their application is correct;
An attorney must be a
licensed practicing attorney and a member in good standing of the State Bar of
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 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/form prescribed by the
Texas Indigent Defense Commission to the court administration office in the
An attorney shall
complete a minimum of six (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 within a one (1) 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 six (6) hours for such period may be applied to the following
period’s requirement. The carryover
provision applies to one (1) year only;
An attorney must have a
minimum one (1) year(s) experience in criminal law in the State of Texas, or if
the attorney does not have one (1) year(s) experience in the practice of
criminal law in the State of Texas, he or she, to be eligible for appointment
in these cases, must submit evidence to the Court Administration Office in the
applicable county in this District that he or she has completed not less than
ten (10) hours of Continuing Legal Education in criminal law in a course, or
course of study, that is approved by the State Bar of Texas;
An attorney may 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 five (5) year(s);
An attorney must maintain
an office capable of receiving email, fax, telephone calls and have reliable access to the internet;
8. An attorney must maintain capability to participate in remore hearings, with both audio and video technology, via Zoom or other method as instructed by the Court.
An attorney must have
the ability to produce typed motions and orders, scan documents, utilize efile systems, and conduct legal research on the internet;
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.
State Jail and Third
Degree Felony Case Qualification Requirements
An attorney must meet
general requirements for misdemeanor appointments;
An attorney must have a
minimum one (1) year(s) experience in the practice of law in the State of
Texas, or if the attorney does not have one (1) year(s) experience in the
practice of criminal law in the State of Texas, he or she, to be eligible for
appointment in these cases, must submit evidence to the Court Administration
Office in the applicable county in this District that he or she has completed
not less than ten (10) hours of Continuing Legal Education in criminal law in a
course, or course of study, that is approved by the State Bar of Texas;
First and Second Degree
Felony Case Qualification Requirements
An attorney must meet
the general requirements for State Jail and Third Degree Felony appointments.
An attorney must have a
minimum three (3) year(s) experience in criminal law in the State of Texas;
An attorney must have
experience as 1st or 2nd chair in at least two (2) case(s) tried to verdict
before a jury. At least one (1) of the
trial(s) must have been
a felony. The
styles and cause numbers of these cases must be listed in the District Courts
appointment application form.
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.
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.
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.
Requirements - An attorney must meet at least one of the following criteria:
Be currently board
certified in criminal law by the Texas Board of Legal Specialization; or
Have personally authored
and filed at least three (3) criminal appellate briefs or post-conviction writs
of habeas corpus; or
Have submitted an
appellate writing sample approved by a majority of the judges; or
Have worked as a
briefing clerk of an appellate court for a period of at least one (1) year.
Approval for Appointment
Misdemeanor List – An
attorney must be approved by the judge of the County Court of the applicable
County in this District.
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 the
judge of the 50th Judicial District.
C. 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 the presiding judge of that Court.
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.
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
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.
Duties of Appointed
Counsel - Appointed Counsel shall:
Notify the court within
72 hours of the receipt of appointment;
Make every reasonable
Contact the defendant by
the end of the first working day after the date on which the attorney is
Interview the defendant
as soon as practicable after the attorney is appointed;
Represent the defendant
1. Charges are dismissed;
2. The defendant is
3. Appeals are exhausted; or
4. 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.
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
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;
Be prepared to negotiate
with the prosecutor for the most favorable resolution of the case as can be
achieved through a plea agreement;
Be prepared to try the
case to conclusion either with or without a jury;
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;
communication and contact with the client at all times and keep the client
informed of the status of the case; and
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
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.
workload to allow for the provision of quality representation and the execution
of the responsibilities listed in these rules in every case.
Prompt Appointment of Counsel
Prompt Appointment of
Counsel 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. Per Rothgery v. Gillespie County, 128 S. Ct. 2578 (2008) and article
1.051(j) of the Code of Criminal Procedure, counsel will be appointed within
three (3) working days of request, whether the defendant is incarcerated or has
been released on bond.
ii. If an indigent defendant is arrested in another county based on this county's warrant, counsel will be appointed within three (3) working days of this county's receipt of the request for counsel.
iii. 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 (11th) day afer the arrest, the defendant is still in this county's custody.
iv. If a defendant 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 District Clerk of Baylor, Cottle, King or Knox Counties. The defendant may submit these forms to the District Judge of the 50th Judicial District, P. O. Box 1127, Seymour, Texas 76380 or 101 South Washington, Seymour, Texas 76380. The Court will rule on all requests for counsel submitted in this manner.
1. If no case has been
filed in the trial court, the appointing authority for misdemeanors is: County
2. If no case has been
filed in the trial court, the appointing authority for felonies is: District
3. If the case has been
filed in the trial court, the appointing authority is: County Judge for
misdemeanor cases; District Judge for felony cases.
B. Defendants Appearing
Without Counsel - If a defendant appears without counsel in any adversary
judicial proceeding that may result in punishment by confinement:
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 appointed counsel and the defendant has been given a
reasonable opportunity to request appointed counsel.
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
1. Has been given a
reasonable opportunity to retain and has failed to retain appointed counsel; or
2. Waived or has waived the
opportunity to retain private counsel.
representing the state may not:
1. Initiate or encourage an
attempt to obtain from the defendant a waiver of the right to counsel; or
2. 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:
a. Has been given a
reasonable opportunity to retain counsel; or
b. Waives or has waived the
opportunity to retain private counsel.
C. Waiver of the Right to
A defendant may
voluntarily and intelligently waive the right to counsel.
A waiver obtained in
violation of section IV.B above is presumed invalid.
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
waived, 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.
“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)”
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 ten (10) days to prepare.
Attorney Selection Process
ALTERNATE PROGRAM RULES AND PROCEDURES
The Judges of the Court of the 50th Judicial District and the Counties which comprise said District, shall allocate all appointments for indigent defendants among qualified attorneys in a reasonable and impartial manner which is fair, neutral and nondiscriminatory. The Judges of said Courts find that there are either no qualified attorneys or too few qualified attorneys within the confines of the 50th Judicial District and/or the Counties that comprise said District and the Counties that surround said District to comply with the requirements of the Texas Fair Defense Act in establishing a public appointment list. Said Judges find that it is necessary to adopt the alternate program as set out herein.
After the Judge makes a determination that the defendant is indigent and said defendant requests counsel, depending upon the charge and with the exception below for capital cases, the Judges of the 50th Judicial District and/or Counties shall then appoint an attorney who meets the qualifications set out herein and determine that said attorney has the ability to timely contact the defendant and is willing to represent said defendant, prior to appointing said attorney. In selecting a qualified attorney for appointment, the Judge shall not appoint an attorney to more than five (5) separate cases pending in said Judge’s court at any one point in time.
Capital Felony Cases
i. The Regional Public Defender for Capital Cases shall be appointed to all capital felony cases in which death is available unless the court makes a finding of good cause on the record to appoint private counsel.
1. If a co-defendant requests appointment of counsel and is determined to be indigent, the Appointing Authority shall appoint counsel pursuant to the standards and procedures stated in this Section.
2. If private counsel is appointed to a co-defendant, rather the Regional Public Defender for Capital Cases, co-counsel will be appointed using the standards and procedures stated in this Section.
ii. The Regional Public Defender for Capital Cases may refuse to accept appointment to a case if:
1. A conflict of interest exists;
2. The Office has insufficient resources to provide adequate representation;
3. The Office is incapable of providing representation in accordance with the rules of professional conduct;
4. Acceptance of the appointment would violate the maximum allowable caseloads established for the office; or
5. The Office shows other good cause for refusing appointment.
iii. The Appointing Authority shall immediately contact the attorneys appointed by phone, fax, e-mail or in person and notify the attorneys of the appointment and the last known location of the defendant.
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 the judge hearing criminal cases
in the applicable county.
B. Payment Process: No payment of attorney’s fees will be made
other than in accordance with the rules set forth below.
An appointed attorney
shall fill out and submit a fee voucher to the court for services rendered in a
ii. Otherwise, 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 this
administrative judicial region.
C. Payment of Expenses:
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.
Procedure With Prior
1. Appointed Counsel may
file with the trial court a pretrial ex parte confidential request for advance
payment of investigative and expert expenses. The request for expenses must state the below,
a. The type of
investigation to be conducted or the type of expert to be retained;
b. Specific facts that
suggest the investigation will result in admissible evidence or that the
services of an expert are reasonably necessary to assist in the preparation of
a potential defense; and
c. An itemized list of
anticipated expenses for each investigation and/or each expert.
2. The court shall grant
the request for advance payment of expenses in whole or in part if the request
is reasonable. If the court denies in
whole or in part the request for expenses, the court shall:
a. State the reasons for
the denial in writing;
b. Attach the denial to the
confidential request; and
c. Submit the request and
denial as a sealed exhibit to the record.
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
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