The Juvenile Board (“the Board”) for Callahan, Coleman, and Taylor Counties, in order to promote the timely and fair appointment of competent and effective legal counsel to indigent accused juveniles, while at the same time ensuring that public funds are wisely spent, hereby adopt and publish these procedures, rules, and orders (hereinafter referred to as “the Plan”) The Board issues this Plan to conform with the requirements of the Fair Defense Act of 2001.

 

The Board expects that attorneys appointed to represent indigent accused juveniles will continuously adhere to the rules in the Plan.

 

The judge in whose court the juvenile case is pending is the appointing authority for that particular case.

Unless the child is otherwise released or delivered to a court pursuant to 52.02, a child taken into custody must be brought to a juvenile processing office without unnecessary delay, where the child may be detained for no longer than six hours pursuant to TEX. FAM. CODE §52.025. The intake officer, probation officer, or other person authorized by the Board to conduct preliminary investigations shall inform the child and the child’s parents of the right to appointed counsel and provide a form for the purpose of determining eligibility for appointment of counsel. If the child is detained, 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.

 

Prior to the initial detention hearing the court shall inform the child and his parents of the child’s right to counsel and to appointed counsel if the parents are indigent, and of the child’s right to remain silent as to the alleged conduct.

 

The detention hearing may be conducted without the presence of the child’s parent or other responsible adult; however, in these cases the court must immediately appoint counsel or a guardian ad litem to represent the child.

 

The court shall provide the attorney for the child access to all written matter to be considered by the court in making the detention decision.

B.1 Definitions

“Net household income” in the case of a child is the income of the child’s parents or other person(s) determined to be 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 parent or other person responsible for support of the child has no income or less income.

 

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

 

B.2 Presumption of Indigence

The child is presumed indigent if, at the time of requesting appointed counsel, the child’s parents or other persons determined to be responsible for the support of the child are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families (TANF), Supplemental Security Income, or public housing. The child is presumed indigent if the net household income of the child’s parents or other persons determined to be responsible for the support of the child 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, and the value of his non-exempt assets and property does not exceed double the estimated cost of obtaining competent private legal representation for the offense with which he is charged.

 

B.3 Factors to be Considered – No Presumption of Indigence

If the child is not presumed indigent under the above-listed qualifications, the court shall evaluate the request for appointed counsel and make a determination of indigence considering the following: (1) whether retaining counsel would cause a substantial hardship to the child’s parents or other person responsible for the support of the child; (2) the nature of the charges; (3) the anticipated complexity of the defense; (4) necessary expenses for child’s parents or persons responsible for the support of the child; (5) the income of the child’s parents or other persons responsible for the support of the child, and the source of such income; (6) assets and property owned by the parents or other persons responsible for the support of the child; (7) outstanding obligations of the parents or other persons responsible for the support of the child; (8) the number and ages of the dependents of the child’s parents or other persons responsible for the support of the child; (9) whether the child’s parents or persons responsible for supporting the child are currently serving a sentence in a correctional institution, currently residing in a public mental health facility, or are subject to a proceeding in which admission or commitment to such a mental health facility is sought.

 

B.4 Indigent Status

Taking into consideration the above factors, the court will determine whether the child is indigent. The court may also determine whether the child’s parents or other persons responsible for the support of the child have financial resources that enable them to offset in part or in whole the costs of the legal services and order them to pay the same.

 

A child determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the relevant financial circumstances occurs. Indigent status may be reviewed by a court at any stage of court proceedings on motion of the child, his attorney, or the attorney representing the state.

The Board shall establish a list of attorneys eligible for appointment in juvenile cases. An attorney may apply to be placed on the list. To be eligible for the appointment list, an attorney must meet the following minimum requirements:

 

1. The attorney must be licensed by the Supreme Court of Texas and be a member in good standing with the State Bar of Texas;

2. The attorney must submit, by October 15 each year, a statement that describes the percentage of the attorney’s practice time that was dedicated to work based on appointments accepted in the 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 using the online form to the Texas Indigent Defense Commission.

3. The attorney shall complete a minimum of six hours of continuing legal education (CLE) in the area of juvenile law or criminal law each year. All attorneys on the appointment list must file a certificate with the court each year attesting to completion of the required CLE. If the attorney is board certified by the Texas Board of Legal Specialization in the area of juvenile law or criminal law and submits proof of same, then the attorney need not submit the attestation. CLE activity completed within a one-year period immediately preceding an attorney’s initial reporting period may be used to meet the educational requirements for the initial year. CLE activity completed during any reporting period in excess of the minimum of six hours for such period may be applied to the following period’s requirement. The carryover provision applies to one year only.

4. The attorney must be knowledgeable in juvenile law and be aware of collateral consequences of a juvenile adjudication and disposition;

5. The attorney must be proficient in navigating and applying the Texas Rules of Evidence;

6. The attorney must exhibit professionalism, proficiency, reliability, and commitment to providing quality representation to juvenile respondents;

7. The attorney must read and understand Texas Family Code Chapters 51 through 61.

8. The attorney must maintain an office capable of receiving emails, faxes, and telephone calls;

9. The attorney must immediately notify the Board in writing if the attorney is determined by a court to have rendered ineffective assistance of counsel in a criminal or juvenile case, or if the attorney has been disciplined by the State Bar of Texas.

 

If an attorney has been found by a court to have rendered ineffective assistance of counsel in either a criminal case or a juvenile case, or if the attorney is disciplined by the State Bar of Texas, then the Board will investigate and determine whether the attorney should be removed from the juvenile list. If the Board determines that the attorney should not be removed from the juvenile list, the Board may, in its discretion, impose reasonable conditions on the attorney’s inclusion on the list.

 

An attorney must be approved by a majority of the Board. An attorney may be removed, suspended, or sanctioned for good cause by a majority vote of the Board. An attorney who has been removed, suspended, or sanctioned may request a conference with the Board to appeal the decision. After such conference, the Board’s decision is final and not appealable.

 

C.1 Duties of Appointed Counsel

Appointed counsel must contact the child by the end of the first day after the date on which the attorney is appointed, and interview the child as soon as practicable after the attorney is appointed.

 

Once appointed, counsel shall represent the child until the case is terminated and direct appeal is concluded, or until the attorney is relieved of his duties by court order.

 

Appointed counsel must perform the duties owed to the child in accordance with this Plan, the requirements of the law, the Texas Constitution, the Constitution of the United States, and the Disciplinary Rules of Professional Conduct. Appointed counsel must maintain a high standard of ethical conduct. Appointed counsel must timely inform the juvenile respondent of matters relating the case.

 

C.2 Public Defender’s Office

The Concho Valley Public Defender’s Office (CVPDO) is eligible for appointments in all juvenile cases. It is the responsibility of the Chief Public Defender to ensure that adequate supervision and training are provided for the attorneys of the CVPDO to meet their statutory and ethical obligations to the clients they are appointed to represent under this Plan.

D.1 Appointment of Counsel for Child in Detention

Prior to the detention hearing, the court shall inform the child and his parents of the child’s right to counsel and to appointed counsel if the child is indigent. Prior to the initial detention hearing, the court shall provide the attorney for the child with access to all written material to be considered by the court in making the detention decision. If there is no parent or other responsible adult present, the court must appoint counsel or a guardian ad litem for the child. If no attorney is immediately retained by the child or his parent or other responsible adult, an attorney will be appointed to represent the juvenile at the initial detention hearing.

 

Upon appointment, the Juvenile Probation Department shall notify the appointed attorney by fax, email, or personal contact of the appointment and the scheduled hearing time and date, and confirm such notification with the judge presiding over the juvenile case. If the determination is later made that the child is not indigent, the parents or other responsible adult may be billed by Taylor County for reimbursement for fees paid to court-appointed counsel.

 

D.2 Appointment of Counsel for Child not Detained

If the child is released from detention and if a petition to adjudicate or a motion to modify is filed, the juvenile court will use the financial forms gathered at intake to make a determination of indigence. If no financial information is available, the juvenile court shall promptly summon the child’s parent or other adult responsible for supporting the child so that financial information may be gathered for a determination of indigence.

 

If the court makes a finding of indigence, the court shall appoint an attorney on or before the fifth working day after (1) the date a petition for adjudication or discretionary transfer hearing has been served on the child; or (2) a motion to modify disposition seeking commitment to TJJD or placing in a secure correctional facility has been filed.

 

If the family does not qualify for appointed counsel or if the parent or guardian is not available, and the child has not retained an attorney, the juvenile court may appoint an attorney in any case in which it deems representation necessary to protect the interests of the child.

E.1 Selection Process from the List of Eligible Attorneys

The Juvenile Probation Office, as the designee of the Presiding Judge, will contact the attorney whose name is first on the list, for appointment, unless there is good cause for appointing an attorney out of order. Good cause may include, but is not limited to the following: (1) the child requesting counsel does not understand English, in which case the lawyer whose name appears next in order and speaks the child’s language will be appointed, if one is available; (2) the child has an attorney already appointed on a prior pending or concluded matter, in which case the same attorney will be appointed to the new matter, unless the attorney is not on the list; or (3) an initial detention hearing is scheduled and the first attorney on the list is not available.

 

A child whose sibling has appointed counsel may have the same attorney appointed for such child, unless the appointment would cause a conflict of interest or other ethical problem for such attorney.

 

Once appointed, the attorney’s name will be moved to the bottom of the list.

 

E.2 Appointment of the Public Defender’s Office

In accord with its Sustainability Grant, the CVPDO may take up to 90% of all juvenile cases for Callahan, Coleman, and Taylor Counties, within caseload limits.

 

The court, at its discretion, may appoint the CVPDO in any case without regard to the appointment list. The CVPDO shall not be listed on the appointment list.

 

The CVPDO may not accept an appointment if (1) a conflict of interest exists that has not been waived by the client; (2) the CVPDO has insufficient resources to provide adequate representation for the child respondent; (3) the CVPDO is incapable of providing representation for the child respondent in accordance with the rules of professional conduct; (4) the acceptance of the appointment would violate the maximum allowable caseloads for the CVPDO; or (5) the CVPDO shows other good cause for not accepting the appointment.

 

E.3 Judicial Removal of Attorney from Case

The judge presiding over a case involving a child may remove appointed counsel upon entering a written order showing good cause for such removal, including, without limitation, the following: (1) counsel’s failure to appear at a hearing; (2) counsel’s failure to comply with the requirements imposed upon counsel by this 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) 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; or (6) the child shows good cause for removal of counsel, including counsel’s persistent or prolonged failure to communicate with the child. Whenever appointed counsel is removed, replacement counsel shall immediately be selected and appointed in accordance with the procedures described in this plan.

Court-appointed counsel, other than the CVPDO, shall receive such reasonable compensation as established by standing order of the judges and the Board.

 

The fee schedule adopted by formal action of the judges and the Board shall comply with Article 26.05 of the Texas Code of Criminal Procedure and all applicable law and shall be submitted to the Taylor County Commissioner’s Court.

 

Each appointed attorney, other than the CVPDO, shall prepare an itemized statement of the services performed, the date of such performance, and the actual time spent on each such date and service, and shall submit said statement to the trial judge. An attorney need not itemize his services if he is requesting the minimum standard fee. The statement shall be submitted within 30 days of disposition of the trial case, or, in the case of an appeal, within 30 days of the mandate being issued. For good cause shown, the trial judge may exercise discretion in the receipt of and payment for later submitted statements and requests for payment.

 

If the trial judge disapproves the requested amount, the judge shall make written findings stating the amount of payment approved and the reasons for approving an amount different from the requested amount. The attorney whose request for payment has been disapproved may, by written motion, file an appeal with the presiding judge of the administrative region. An attorney whose request for payment is not acted upon by the 60th day after the date the request was submitted may appeal the failure to act by filing a written motion with the presiding judge of the administrative region.

 

Expenses incurred by attorneys without prior approval shall be reimbursed if they are reasonable and necessary.

 

APPLICATION FORM FOR INCLUSION ON APPOINTMENT LIST

The Taylor County Juvenile Board will prepare and  distribute to licensed attorneys the "Statement of Licensed Attorney Residing or Practicing Law in Taylor County , Texas" who may want to apply for inclusion on the Taylor County Juvenile Appointment Lists.

Callahan Coleman Taylor Juvenile Board Affidavit of Indigence for Callahan and Coleman.docx (10/30/2019 3:04:47 PM) view
Callahan Coleman Taylor Juvenile Board Affidavit of Indigence for Taylor.doc (10/29/2019 11:22:58 AM) view
Callahan Coleman Taylor Juvenile Board Attorney Fee Schedule.docx (10/22/2019 2:53:55 PM) view
Callahan Coleman Taylor Juvenile Board Attorney Fee Voucher.doc (10/28/2019 2:46:28 PM) view
Callahan Coleman Taylor Juvenile Board Public Defender Plan or Proposal.pdf (2/13/2023 4:48:35 PM) view