Lubbock Juvenile Board Plan
Prompt Detention Hearings
A child taken into
custody must either be brought to a juvenile processing office as designated by
the Juvenile Board 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 Lubbock County
Juvenile Justice Center. The intake
officer shall process the child according 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.
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.
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.
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.
Indigence Determination Standards
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 in 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 a necessary and appropriate given the
nature of the case.
child is presumed indigent if any of the following conditions or factors are
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 Assistance
for Needy Families, Supplemental Security Income, or public housing.
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 United States Department of Health and
Human Services and published in the Federal Register.
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 is subject to a proceeding
in which admission or commitment to such a mental health facility is sought; or
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.
considering if obtaining private counsel will create a substantial hardship,
the appointing authority shall take into account:
the nature of the charges(s);
anticipated complexity of the defense;
the estimated cost of obtaining
competent private legal representation for the matter(s) charged;
the amount needed for the support of the
child, the child’s parent (s)/person(s) responsible, and other dependents of
the child’s parent (s)/person(s) responsible;
child’s parent(s’) income or the income
of other person (s) determined responsible for the support of the child;
source of income;
assets and property owned by the child,
child’s parent (s), or other person (s) determined responsible for support of
necessary expenses; and
number and ages of any siblings of the child.
NOT to be considered in determining indigence:
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 whether
the child is indigent.
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 the basis for determining indigence.
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
gathered for determining indigence, both in the affidavit of indigence and
through oral examination, may not be for any purpose other than:
if child is (or is not) indigent; or
direct testimony of the child or the child’s parent(s)/person (s) responsible
regarding the child’s indigence.
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.
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
child’s status as indigent or not indigent may be reviewed in a formal hearing
at any stage or a court. The child’s
indigent status will be presumed not to have changed. The presumption can be rebutted in the review
proceedings based on the following;
Evidence of a material change in the
child’s parent(s)/person(s) responsible and the child’s financial
information regarding the child’s parent(s)/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.
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 reasonable expended on the case.
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 in part or in whole the costs of the legal services
provides, including any expenses and cost, the court shall order the child’s
parent(s) or other person(s) responsible for the child, if found to have engaged
in delinquent conduct or CINS, to pay as court costs the amount that it finds
the child’s parent(s) or other person(s) responsible for the child is able to
pay. The finding that the child can
repay part or in whole the costs. An
order supporting such finding shall be entered.
Minimum Attorney Qualifications
The Juvenile Board
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
attorneys on the appointment list must ensure all information on their
application is correct;
attorney must be a licensed practicing attorney and a member in good standing
of the State Bar of Texas;
attorney shall complete a minimum of 6 hours of CLE in the area of juvenile law
and procedure each year. All attorneys
on the appointment list must file and “Annual Certification of the Knowledge of
the Local Rules” with the Administrative Office of the Courts by July 1 each
year attesting to completion of the required CLE or submit documentation
showing that the attorney is certified as a specialist in juvenile law. Continuing legal education activity completed
with-in a one year period immediately preceding any attorney’s initial
reporting period may be used to meet the educational requirements for the
Pursuant to Article 26.04, an attorney shall, effective October 15,
2014, no later than October 15th of each year and on a form
prescribed by the Texas Indigent Defense Commissioner, submit to the county
information, for the preceding fiscal year, that describes the percentage of
the attorney’s practice time that was dedicated to work based on appointments
be knowledgeable in juvenile law and be aware of collateral consequences of a
juvenile adjudication and disposition;
attorney must maintain an office capable of receiving email, fax, and telephone
attorney must have the ability to produce typed motions and orders;
attorney shall notify the Juvenile Board promptly, in writing, or any matter
that would disqualify the attorney by law, regulation rule, or under these
guidelines from receiving appointments to represent indigent defendants.
An attorney must have attended the
orientation class given by the judge of the designated juvenile court or
Lubbock County Associate Judge for Juvenile Matters. The orientation class may be the annual local
juvenile seminal or other classes set as needed by the Lubbock County Juvenile
Board. In addition, applicants shall be
required to complete the following mentor program. The applicant before being place on the
revolving list must be assigned (without compensation) to join with a
designated appointed attorney on the list to work through from beginning to
conclusion of a child’s case on two cases beginning at initial appearance of
children not in detention and two cases beginning at the detention hearing of
children whom the state is seeking to detain.
This mentor program may be required of any attorney currently receiving
appointment when required by any judge of the juvenile board or Lubbock County
Associate Judge for Juvenile Matters or as voluntary required by any attorney
on the list who wishes to improve upon their qualifications for appointments
such as receipt of appointments of children with special needs or children
accused of sexual offenses. If a judge
ever observes an appointed attorney who needs assistance of a mentor on a
particular case the judge may appoint a mentor attorney, who shall be paid, to
assist the appointed attorney. Mentor
attorneys shall be volunteer attorneys on the juvenile appointments list
qualified to serve as mentors by their appointment level and experience
selected by the magistrate or judge presiding at the judge’s discretion.
Charges or Delinquent Conduct, and Commitment to TYC Is Not and Authorized
the General Requirements.
Conduct, and Commitment to TYC Without a Determinate Sentence Is an Authorized
the General Requirements.
Sentence Proceedings have been Initiated; or Proceedings for Discretionary
Transfer to Criminal Court Have Been Initiated:
for Appointment Lists
An attorney must be
approved by a majority of the Juvenile Board for each appointment list for
which the attorney applies.
from Appointment List
Juvenile Board 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 a majority vote of the judges.
Judge should immediately call to the attention of the other Judges a lawyer who
has not been exhibiting the qualifications necessary to represent the accused,
of necessity to remove an attorney from the list for repetitive non-compliance
with duties to contact and interview the client or other neglect and/or complaints. These matters shall be brought to the
attention of the Juvenile Board and any require hearing should be held as soon
as practically possible at the next monthly meeting of the Juvenile Board. Upon a majority vote of the Juvenile Board,
the attorney, after notice and opportunity to be heard, may be removed from the
list or other remedial action taken pursuant to this rule.
after notice and opportunity to be heard as provided herein, may be removed
from the appointment list for any of the following non-exclusive grounds for
The attorney requests removal from the
The attorney does not have the
qualifications required for appointment
The attorney fails to contact or
interview and timely perform the duties required by the Texas Fair Defense Act
The attorney has been found by a court to have provided ineffective assistance
The attorney has violated a rule of
professional responsibility or otherwise disqualified by the State Bar Rules
An attorney shall be automatically
removed for non-compliance with Rule 5.56.02(E) herein
For other good cause.
attorney may voluntarily be temporarily removed from the appointment list by
officers of the courts, staff, and personnel are obligated to the Court to
report any misconduct of an attorney directly to the Judge presiding over the
matter. Any misconduct, violations of
ethics, neglect of duties to client, or actions omissions reflecting on
qualifications to serve as court appointed counsel receiving appointments shall
be brought to the attention of the Juvenile Board during Judicial Executive
Session. Any reporting obligations of
the Judge presiding on any case to which the lawyer has been assigned to the
State Bar is that particular Judge’s individual responsibility but for such
conduct as reflects on ability and qualifications to remain on court appointed
receiving a report or request for review for removal for one of the causes or
good cause herein, the Juvenile Board shall cause to be drafted and forwarded
to the attorney reasonable notice informing the attorney of the ground or
grounds for removal, the time and place the Juvenile Board will meet to discuss
the grounds for removal and give the attorney an opportunity to respond in
writing, in person or both.
the Juvenile Board meets and gives the attorney an opportunity to be heard, the
Juvenile Board shall determine whether the attorney should, be majority vote:
Remain on the list;
Be removed altogether.
In addition, the majority of the
Juvenile Board may also vote to require the attorney to take other
from any list may be probated. For
removal or probated removals, the Juvenile Board may require the completion of
rehabilitative measures as a condition of probation or re-application.
decision of the Juvenile Board is final and may not be appealed.
to Appointment Lists
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.
attorney who has been removed from the appointment list for any other reason
and who wished to be reinstated must apply though the original application
of Appointed Counsel-Appointed Counsel shall
the court within 72 hours of the receipt of appointment;
every reasonable effort to;
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;
the child until:
The case is terminated;
The family retains an attorney;
The attorney is relieved of his duties
by the court or replace by other counsel.
either by self or through an investigator, the facts of the case and be
prepared to present any factual defense that may be reasonable and arguable
available to the child;
the law of the case and be prepared to present any legal defense that may be
reasonably and arguably available to the child;
prepared to negotiate with the prosecutor for the most favorable solution of
the case as can be achieved through a plea agreement;
prepared to try the case to conclusion either with or without a jury;
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
Maintain reasonable communication and
keep the child informed of the status of the case; and
Advise the child 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.
the attorney’s duty owed to the child in accordance with these procedures, the
requirements of the Code of Criminal Procedure and the Family Code, and
applicable rules of ethics.
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.
Prompt Appointment of Counsel
of Counsel for Children in Detention
Unless the court finds that the appointment of counsel is not
feasible due to exigent circumstances, the court shall appoint counsel within a
reasonable time before the first detention hearing is held to represent the
child at the hearing.
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.
to the initial detention hearing, the court shall provide the attorney for the
child with access to all written matter to be considered by the court in making
the detention decision.
there is no parent or other responsible adult present, the court must appoint
counsel or a guardian ad litem for the child.
the juvenile is detained, the child has an immediate right to counsel. If counsel has not already been appointed,
the court must either appoint counsel or direct the juvenile’s parent or other
responsible adult to retain an attorney to represent the child and requiring
that the child’s parent or other responsible adult reimburse the court for
appointment, the magistrate’s court coordinator shall notify the appointed
attorney by fax, e-mail, or personal contact of the appointment and the
scheduled hearing time and date.
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 during a detention
hearing), by phone, or by video teleconference.
Contacting the court may be by fax, email, phone or personal visit. 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.
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
Court appointed attorney shall make
every effort to comply with the Texas State Bar Code of Ethics for
communication with a client.
Appointment of Counsel for Children not
Detained at Intake
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/guardian/custodian to the court
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
Date a petition for adjudication or discretionary transfer hearing has been
served on the child; or
motion to modify disposition seeking commitment to TYC or placing in secure
correctional facility has been filed.
the family does not qualify for appointed counsel or if the parent or guardian
is not available, and the family fails to provide 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.
prosecuting attorney/court clerk shall notify the juvenile court upon the
filing of a return of service of a motion to modify or the return of service of
a petition for adjudication or discretionary transfer.
Attorney Selection Process
authority will identify which of the appointment lists, discussed in the
attorney qualification section, is most appropriate based on the accusations
against the child and will appoint the attorney whose name is first on the
list, unless the court makes a finding of good cause on the record for
appointing an attorney out of order.
Good Cause may include:
child requesting counsel does not understand English, in which case the judge
will appoint the lawyer whose name appears next in order and speaks the
clients’ language, if one is available;
child has an attorney already appointed on a prior pending or concluded
matter. The same attorney will be
appointed to the new matter, unless the attorney is not on the list for the
type of offense involved in the current case;
initial detention hearing is scheduled and the first attorney on the list is
good cause exists for varying from the list.
appointed, an attorney’s name will be moved to the bottom of the appointment
list. An attorney who is not appointed
in the order in which the attorney’s name appears on the list shall remain next
in order on the list.
Judicial Removal from Case
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;
failure to appear at a court hearing;
failure to comply with the requirements imposed upon counsel by this plan;
information about the child and the charges against the child indicate that
another qualified attorney is more appropriate for the child under these rules;
appointed counsel shows good cause for being removed , such as illness,
workload or scheduling difficulties;
child request an attorney, other than trial counsel, for appeal; or
child shows good cause for removal of counsel, including counsel’s persistent
or prolonged failure to communicate with the child.
Appointment of Replacement Counsel
counsel is removed under this section, replacement counsel shall immediately be
selected and appointed in accordance with the procedures described in this
Fee and Expense Payment Process
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 Juvenile Board.
No payment of attorney’s fees will
be made other than accordance with the rules set forth below:
An appointed attorney shall fill out and
submit a fee voucher to the court for services rendered.
trial judge presiding over the proceedings shall review the request for
compensation and either approve or disapprove of the amount requested.
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.
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 the 9th Administrative Judicial Region.
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.
With Prior Court Approval;
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, as applicable:
type of investigation to be conducted or the type of expert to be retained;
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
itemized list of anticipated expenses for each investigation and/or each
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;
the reasons for the denial in writing;
the denial to the confidential request; and
the request and denial as a sealed exhibit to the record.
Without Prior Court Approval:
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 reasonable incurred. Unreasonable or unnecessary expenses will not
Lubbock Juvenile Board Annual Certification of the Knowledge of the Local Rules.pdf (10/26/2009 4:29:23 PM) view
Lubbock Juvenile Board Attorney Application for Appointment.doc (10/26/2009 4:27:59 PM) view
Lubbock Juvenile Board Attorney Fee Schedule.docx (10/26/2009 4:27:18 PM) view
Lubbock Juvenile Board Attorney Fee Voucher.wpd (2/21/2012 11:57:51 AM) view