The Magistrate’s Courtroom is located in the Lampasas County Jail located at 1210 Barnes St., Lampasas, Texas 76550.  A magistrate shall attend the jail daily to ensure that defendants are presented before a Magistrate within 24 hours of their arrest.

The magistrate shall inform in clear language the person arrested, either in person or through the electronic broadcast system, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial. The magistrate shall also inform the person arrested of the person's right to request the appointment of counsel if the person cannot afford counsel. The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel. The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time.

The magistrate shall record the following:

1. The date and time the accused was arrested and 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 the appointment of counsel.  

If the magistrate is not authorized to appoint counsel, the magistrate within twenty-four (24) hours must transmit or cause to be transmitted to the appointing authority an accused's request for counsel.

A person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $ 5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.

A person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. 

On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person arrested without a warrant and detained pending the magistrate’s determination of probable cause, for not more than 72 hours after the person's arrest.

For persons arrested on an out-of-county warrant, the magistrate must ask if the person wants to request counsel, inform the person of the procedures for requesting counsel, and ensure the person is provided reasonable assistance in completing the necessary forms for requesting counsel in the county issuing the warrant. 

Requests for counsel made by persons arrested on out-of-county warrants must be transmitted to the appointing authority of the county issuing the warrant within twenty-four (24) hours of the request being made. 

6. Indigence Determination

The financial standards set forth below shall be used by the Court to determine whether a defendant is indigent and shall be applied equally to each defendant in the County. The office shall not consider the following factors when determining eligibility:

• Posting bail or the ability to post bail
• Financial resources available to relatives or friends 

6.1 Presumption of Indigency

A defendant shall be presumed to be indigent if at the time of completion of the Financial Questionnaire the defendant is eligible to receive any of the following:

• Food Stamps;
• Medicaid;
• Temporary Assistance for Needy Families;
• Supplemental Security Income; or,
• Public Housing.

A defendant shall be presumed to be indigent if the defendant is:

• currently serving a sentence in a correctional institution of 60 days or more; or,
• is residing in a public mental health facility; or,
• is the subject of a proceeding in which admission or commitment to such a mental health facility is sought; or,
• is currently receiving services from a Court-appointed attorney on another pending offense. 

6.2 Special Circumstances

In certain circumstances a defendant may exceed the financial criteria of the poverty level and asset test, but may still be found indigent. In these instances the Court may grant judicial approval for appointment of counsel.

These may include, but are not limited to, any of the following circumstances:

• Persons in the household over the age of 60 or are disabled; or,
• Unable to obtain private counsel without substantial hardship to the family; or,
• Complexity and the nature of the criminal charge; or,
• Large medical bills or expenses.

In the interest of justice, an attorney may be appointed to represent any of the following defendants:

(1) Defendants charged with a misdemeanor offense when currently on probation for a felony offense; or,

(2) Defendants identified as facing or potentially facing immigration issues as a result of a plea/conviction on a criminal case; or,

(3) Defendants under the age of 21 years charged with a misdemeanor theft offense; or,

(4) Defendants unable to speak or understand the English language. 

6.3 Finding of Indigency

The Court shall find the defendant indigent if:

Poverty Level

The defendant’s gross household income less taxes paid by a single person claiming one exemption, does not exceed 125% of the Poverty guidelines established annually by the United States Department of Health and Human Services.

In determining the defendant’s gross household income, the income of a victim of domestic violence or the income of a parent/guardian of a victim of domestic violence shall not be considered. Crimes of domestic violence include any assault on a child that is a member of the defendant’s household or assault on any adult who is a member of the defendant’s household.

Asset Test

The defendant owns not more than $5,000 in Equity Assets. Equity Assets are defined as the fair market value of marketable non-exempt assets less indebtedness thereon. Non-exempt assets are those assets exempted from forced sale under the Constitution and laws of the State of Texas.

Presumptive Indigency

The defendant is presumed indigent pursuant to P § 6.1 herein or, because of special circumstances under P § 6.2 herein.

6.4 Verification of Information

A determination of indigence is based upon the information provided by the defendant. The Court should be diligent in the interview process to ensure that the information provided by the defendant seems probable and accurate.

The Court should advise the Defendant that information in the Financial Questionnaire should be accurate and complete. Defendants knowingly providing false information or providing information that they should have known was false or inaccurate are subject to possible legal recourse. Each Financial Questionnaire form should then be signed by the defendant.

6.4.1 Documentation Tool

The court shall have access to certain public records to verify information furnished by defendants in the Financial Questionnaire. The Court has the right to review all available records to substantiate information provided by a defendant.

An appointed attorney shall not require a defendant to travel outside Lampasas County to meet with counsel.

All the Court appointed attorneys shall provide competent representation for their clients. An appointed attorney shall make initial contact with the defendant within 24 hours of the attorney’s receipt of notice of the appointment and shall personally interview the defendant within ten (10) business days of receipt of their first notice of appointment provided the defendant is incarcerated in a local detention facility.

The attorney that is appointed on the case is expected to provide legal services for his/her client.  At the discretion of the Court and with the consent of the client, stand-in counsel may appear on behalf of the appointed counsel provided said counsel is capable of providing competent representation for the defendant.

 8. The Court Appointed Attorney List

Lists of attorneys approved by the Courts to represent indigent defendants for the different offense levels listed below shall be maintained by the Indigent Defense Coordinator's Office.

8.1 Application

Attorneys shall apply using the Lampasas County Attorney Application for Appointments as referenced in the Plan Documents. Applications with required documentation shall be submitted to the Courts. Attorneys may apply for and be placed on multiple lists.

Once approved for placement on list(s), attorneys wishing to remain on the approved list(s) of the Court appointed attorneys shall renew their application every third year prior to their birth date. Applications may be renewed by completing the Lampasas County Attorney Application for Appointments with all required documentation.

The Courts shall consider applications from attorneys wishing to be added to or remain on the approved list(s) on a monthly basis.

8.2 General Qualifications

To be eligible for placement on any list, attorneys shall meet the following minimum general qualifications:

(a) An attorney must ensure all information on his/her application is correct;

(b) An attorney must be licensed to practice law in the State of Texas;

(c) An attorney must be in good standing with the State Bar of Texas;

(d) An attorney must exhibit proficiency and commitment to providing quality representation to criminal defendants;

(e) An attorney must exhibit professionalism and reliability when providing representation to criminal defendants;

(f) An attorney must have an e-mail address for service under TRCP 21a;

(g) An attorney shall agree to notify the Indigent Defense Coordinator’s 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.

8.3 Specific Qualifications

In addition, attorneys shall meet the following specific qualifications to represent a defendant at a particular offense level.

8.3.1 Misdemeanor Criminal Cases

(a) An attorney must have one year experience in handling criminal cases or have an attorney with at least three years criminal experience assigned as a mentor, and the mentor is available to assist in any trial of the case; and

(b) An attorney shall complete a minimum of 6 hours of Continuing Legal Education (CLE) in the area of criminal law and procedure during each 12 month period immediately preceding his/her birthday. Attorneys who are not required to report CLE hours to the State Bar of Texas may comply with this requirement by furnishing a letter indicating the number of hours completed in the area of criminal law, the date(s) of the course(s) taken, the location and name of the course(s) to the Court’s office prior to their birthday.

(c) Criminal Defendants with Mental Health Concerns

Attorneys appointed to represent criminal defendants with mental health concerns shall display an interest in representing defendants with mental health issues, shall be otherwise qualified for appointment to represent indigent criminal defendants, shall complete 3 hours of continuing legal education related to the representation of defendants with mental health concerns, and shall be approved by the County Judge.  

8.3.2 Third Degree Felonies and State Jail Felonies (including Motion to Revoke or Adjudicate Third Degree or State Jail Felonies)

(a) An attorney must have met specific qualifications for placement on Misdemeanor Cases;

(b) An attorney must have practiced criminal law for a minimum of two years.

(c) An attorney must have tried to verdict at least two criminal jury trials as lead or second chair counsel.

8.3.3 First and Second Degree Felony Cases (including Motion to Revoke or Adjudicate First and Second Degree Felony Cases)

(a) An attorney must have met specific qualifications for placement on Misdemeanor Cases;

(b) An attorney must have practiced in the area of criminal law for a minimum of four years; and

(c) An attorney must have tried to conclusion at least three criminal jury trials as lead or second chair counsel, including at least one felony trial.

8.3.4 Felony Defendants with Mental Health Concerns

Attorneys appointed to represent criminal defendants with mental health concerns shall display an interest in representing defendants with mental health issues, shall be otherwise qualified for appointment to represent indigent criminal defendants, shall complete 3 hours of continuing legal education related to the representation of defendants with mental health concerns, and shall be approved by the District Judge. 

8.3.5 Non-Death Penalty Capital Felony Cases

(a) An attorney must have met specific qualifications for placement on Misdemeanor Cases;

(b) An attorney must have practiced in the area of criminal law for at least five years;

(c) An attorney must have tried to verdict at least five criminal jury trials as lead counsel, including at least two trials which were first or second degree felonies or capital felonies and at least one of which was a homicide case.

8.3.6 Death Penalty Cases

(a) An attorney must be on the list of attorneys approved by the local selection committee of the 3rd Administrative Judicial Region for appointment in death penalty cases as provided in Article 26.052 of the Code of Criminal Procedure.

(b) To be assigned as second chair counsel in a Death Penalty Case, an attorney must be on the list of attorneys approved by the local selection committee of the 3rd Administrative Judicial Region for appointment in death penalty cases as provided in Article 26.052 of the Code of Criminal Procedure.

8.3.7 Appeal Qualification Requirements

(a) An attorney must have met general qualifications and have met specific qualifications for placement on Misdemeanor Cases (except as noted in P §8.2 (g));

(b) An attorney must have met at least one of the following criteria:

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

2. Have personally authored and filed at least 3 criminal briefs or post-conviction writs of habeas corpus; or

3. Have submitted an appellate writing sample approved by a majority of the judges; or

4. Have worked as a briefing clerk of an appellate the Court for a period of one year or more.

8.3.8 Continuing Legal Education Hours

Any attorney placed on an appointment list to represent indigent defendants shall file a certificate with the Court’s office no later than their birthday each year evidencing completion of required Continuing Legal Education (CLE) or submit documentation showing that the attorney is certified as a specialist in criminal law for that calendar year. Continuing legal education activity completed within a one year 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 hours for such period may be applied to the following period’s requirement. The carryover provision applies to one year only.

The Court’s office shall send an e-mail reminder regarding CLE requirements to attorneys at least 30 days before their birthday.  Any attorney failing to timely submit documentation evidencing completion of the required CLE or certification as a specialist in criminal law shall be removed from the the Court appointed lists on the day after the documentation is due and placed on judicial hold.  The judges hearing criminal cases may return the attorney to the Court appoint lists once documentation has been provided.

8.4 Judge Approval Process

The District Judge shall review attorney applications for appointment on the felony appointment list(s) on a monthly basis. The County Judge shall review attorney applications for appointment on the misdemeanor appointment list(s) on a monthly basis. An attorney shall be added to the appropriate list(s) upon the approval of his/her application by the judge hearing criminal matters with that level of offense.

When deemed appropriate by the District or County judge hearing criminal cases, a mentor may be appointed to an attorney on the appointment list. Mentors shall be appointed for a specific period of time as determined by the judges. Mentors shall advise the appointed attorney but shall not appear in the Court or represent the indigent defendant. 

Attorneys who have submitted their applications will be notified by the Judge’s office of the decision reached by the Judge related to their application.

8.5 Removal from The Court Appointed List

An attorney shall be removed from the appointment list in the event that the District and/or County judge who hear criminal matters determine that good cause exists to remove an attorney from said list(s). An attorney shall be removed from the appointment list in the event that the District and/or County judge who hear criminal matters determine that the attorney has failed to meet the qualifications of § 8.2 and § 8.3 herein.

Good cause may include; but is not limited to:

(a) Failing on two or more occasions to contact or interview clients in a timely manner as required by CCP § 26.04(j)(1) and P § Sec. 7 herein;

(b) Submitting a claim for legal services not performed as specified in Article 26.05(e), Code of Criminal Procedure;

(c) Failing to comply with each of the appointment list qualifications herein;

(d) Having been found, by a Texas Appellate Court, to have provided ineffective assistance of counsel.

(e) Having been found to have violated a rule of professional conduct by the State Bar of Texas.

(f) After having been placed on appointment list(s) has been convicted of or received a deferred adjudication for any offense, other than an offense punishable by a fine only;

(g) Being under indictment or charged with an offense, other than an offense punishable by a fine only; or

(h) Misrepresenting or providing false or inaccurate information on the attorney’s application for the appointment list;

(i)  Failing to remit funds received on behalf of an investigator or expert within 14 days of receipt of said funds.

(j)  Failing to timely comply with the annual reporting requirements of the Texas Indigent Defense Commission pursuant to Texas Government Code Section 79.036 and Texas Code of Criminal Procedure Article 26.04.

8.5.1 Referral

If a Judge believes that an attorney has violated, or failed to comply with any of the provisions listed in P § 8.5, the Judge may remove the attorney from the list.

8.5.2 Notification/Hearing

Upon receiving a recommendation that an attorney be removed from the appointment list(s), the judge hearing that level of offense(s) shall notify the attorney in writing of the recommendation and shall inform the attorney of the basis for the recommendation.

The attorney may respond in writing to the judge or be present at a conference of the judge, at the discretion of the judge.

8.5.3 Action

After the judge’s meeting, the judge shall determine whether the attorney should:

(a) Remain on the appointment list at the same level;

(b) Be moved to an appointment list for indigent defendants charged with less serious offenses;

(c) Be removed from the appointment list(s); or

(d) Be given an opportunity to take correction active as determined by the judge.

At the sole discretion of the judge, removal of any attorney from any list(s) may be probated. For removal or probated removals, the Judge ordering the removal may require the completion of rehabilitative measures as a condition of probation or reapplication. An order of removal shall state the earliest date at which the attorney may apply for reinstatement. An attorney who was removed from an appointment list under section P § 8.5(f) or (g) shall be immediately reinstated upon providing proof that the charges were dismissed or that the attorney was acquitted, unless other grounds for removal exist against the attorney that would prohibit reinstatement.

The decisions of the judge is final and may not be appealed.

8.5.4 Voluntary Removal

An attorney may at any time temporarily and voluntarily remove his/her name from the appointment list(s).  The attorney may return his/her name to the appointment list(s) provided the attorney remains qualified for placement on said list(s).  An attorney who has temporarily removed him/herself from the appointment list(s) shall continue to be appointed on additional cases filed against that defendant while the attorney is on voluntary removal.

An attorney may at any time request in writing to be permanently removed from the appointment list(s). 

8.5.5 Mandatory Attorney Case Reporting

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 county.

8.6 Prompt Appointment of Counsel Official Notice

The IDC shall provide an official notice for every complete Financial Questionnaire, regardless of whether the defendant is approved or denied.

This form shall be provided to the following parties in the documented manner:

If the defendant is released from custody prior to the appointment of counsel, counsel must be appointed at defendant's first court appearance or when adversarial judicial proceedings are initiated, whichever comes first. 

Persons arrested in other counties on local warrants must be appointed within 3 working days of receipt of the request for counsel.

Persons arrested on out-of-county warrants must be appointed if the person has not been transferred or released to the custody of the county issuing the warrant before the eleventh (11) day after the date of the arrest.

If the 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/. 

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 defendant:

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

                       Waived or has waived the opportunity to retain private counsel.

              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:

                                   Has been given a reasonable opportunity to retain counsel; or

                                   Waives or has waived the opportunity to retain private counsel.

Indigent Defense Coordinator shall appoint counsel no later than the end of the working day immediately following the date on which the the Court receives a complete Financial Questionnaire and determines that the defendant is entitled to the appointment of counsel.

Indigent Defense Coordinator shall make attorney appointments based upon a rotation wheel. Indigent Defense Coordinator shall not vary the computer rotation absent good cause as shown in a written order from the Court. However, the Indigent Defense Coordinator shall have authority to appoint qualified counsel other than by rotation wheel in the event that the defendant is currently represented by said counsel on another criminal case currently pending in Lampasas County. Any appointments other than by the rotation wheel shall be properly documented and approved by the Judge expect, the IDC may approve the appointment of counsel when the defendant has been previously appointed counsel on a currently pending offense. 

8.8 To Withdraw or Substitute

Once an attorney has been appointed to represent an indigent defendant, that attorney shall represent the defendant until charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is permitted or ordered by the Court to withdraw as counsel for the defendant after a finding of good cause is entered on the record.

8.9 Motion to Revoke

Appointment of counsel to indigent defendants pending motion(s) to revoke and/or motion(s) to adjudicate shall be made using the rotation wheel. This appointment shall follow the normal procedures and policies as other appointments defined herein.

8.10 Special Appointment by Judge

For good cause shown of record, the Court may appoint an attorney to represent an indigent defendant even though the attorney may not be the next attorney to receive such appointment through the use of the rotation wheel. The Court shall enter a written order of record in the case that contains finding of good cause and shall appoint the attorney of his/her choice to represent the defendant.

9.1 Attorney Compensation

No attorney shall be compensated until the Judge approves payment after submission of the attorney fee voucher. The appointed counsel shall submit their request for compensation using the methods required by the Court. The request shall be completed and delivered to the judge hearing the case on the day that the case is finally disposed of by jury trial, trial before the Court, plea, dismissal or other final resolution of the matter.

Payment request shall be submitted no more than 30 days after the date the case is concluded.

Requests for payments for investigator and expert expenses prior to the disposition of the case are allowed with the Court approval. 

If the Judge fails to approve the compensation requested, the Judge shall state the amount approved for payment and shall state the reason for approval of a different amount.

9.2 Fee Schedule 

Payment for the Appointed Counsel in Criminal cases shall be in accordance with a schedule of fees adopted by the judges pursuant to Art. 26.05(b), Texas Code of Criminal Procedure, copies of which are attached hereto as Addendum 3. The schedules may be modified from time to time by the District and County Coury judges who hear criminal cases. 

9.3 Payment Processing 

Attorney Payments will be processed in coordination with Lampasas County Current Accounts Payable policies and procedures.