View Indigent Defense Plan

Rains County Court Plan

Preamble

10/30/2013

Rains County Indigent Defense Plan

Senate Bill 7

RAINS COUNTY PLAN AND

STANDING RULES AND ORDERS FOR

PROCEDURES FOR TIMELY AND FAIR APPOINTMENT OF COUNSEL

FOR INDIGENT ACCUSED PERSONS IN

RAINS COUNTY, TEXAS

Effective Date - November 1, 2013

Be it remembered that on this date the below signed County Court Judge and district Court Judges for Rains County, Texas hereby adopts, orders, and establishes these countywide procedures, rules, and orders for the timely and fair appointment of counsel for indigent accused person in Rains County, Texas. This document is the Rains County Plan to conform with the requirements of S. B. 7 passed by the Texas Legislature and signed into law in 2001.

I. CRIMINAL COURTS BOARD

The Criminal Courts Board is composed of the judges of the 8^th Judicial District Court, the 354^th Judicial District Court, and the County Court of Rains County, Texas. The Criminal Courts Board may periodically impose policies, procedures and guidelines to implement this plan and guarantee effective representation of all indigent defendants in Rains County, Texas who are entitled to court appoint counsel.

II. The Court coordinator for the 8^th Judicial District Court will:

1. Maintain and update the list of Qualified and Second Chair attorneys

2. Manage arraignment procedures

3. Track case and assignments to prevent duplication

4. Organize and administer waiver of indictment procedures

5. Receive complaints against appointed attorneys

6. Maintain the rotation schedule of appointed attorneys

7. Coordinate with the Office of Court Administration

8. Assist in the County Reporting Plan

9. Perform all other duties designated by the Criminal Court’s Board

Prompt Magistration

5/9/2016

APPOINTMENTS PLAN AND PROCEDURES

The law enforcement agency having custody must take a defendant before a magistrate not later than forty-eight (48) hours after arrest for a magistrate to hold a probable cause hearing and set bail and inform the accused person of their rights including the right to court appointed counsel if indigent.

The magistrate shall inform the defendant of the right to request appointment of counsel and the procedures for requesting appointment of counsel.

At the Magistrate Probable Cause hearing the responsible judge shall comply with Senate Bill 7 by:

1. admonishing the accused of the magistrate and Miranda warnings as provided by law;

2. giving notification of indigent representation rights;

3. giving the magistrate warnings and right to court appointed counsel for indigent accused persons;

4. notification of the right to counsel and right to court appointed counsel if indigent;

5. inquiry as to whether the defendant is requesting court appointed counsel;

6. providing defendant with an Affidavit of Indigence and reasonable assistance in completing said forms; and to refer immediately to the appropriate designated judge for appointment of counsel within twenty-four (24) hours after request.

If the defendant does not speak and/or understand the English language or is deaf, the magistrate shall inform the person in a manner consistent with Texas Code of Criminal Procedure Articles 38.30 and 38.31.

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 3 working days of receipt of the request. 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 11^th day of the arrest.

Indigence Determination Standards

5/9/2016

A. Definitions, as used in this rule:

i. “Indigent” means a person who is not financially able to employ counsel.

ii. “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.

iii. “Household” means all individuals who are actually dependent on the accused for financial support.

iv. “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 Appointment

i. 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 100% 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.

ii. 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 account:

1. the nature of the criminal charge(s),

2. anticipated complexity of the defense,

3. the estimated cost of obtaining competent private legal representation for the matter(s) charged;

4. the amount needed for the support of the 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,

10. the number and ages of dependents, and

11. spousal income that is available to the accused.

iii. Factors NOT to be considered in determining indigence:

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:

i. 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.

ii. 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.

iii. 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.

iv. 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 rules; or

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.

v. 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

5/9/2016

Purpose and Scope of Standards.

The following standards are designed to provide for a systematic method of providing qualified counsel to indigents in criminal cases. These standards address principles of eligibility and certification for trial, writs of habeas corpus, revocations of probation and counsel on appeal.

GENERAL PRINCIPLES OF ELIGIBILITY

The following standards shall be applied to attorney certification under any part of these standards.

1. Eligibility. The attorney shall be familiar with the practice and procedure of the criminal courts of Texas and shall be a member in good standing of the State Bar of Texas or admitted pro hoc vice. Practice before a juvenile court shall be considered as experience in criminal litigation for purposes of these standards. Pro bono service of counsel shall also be considered as experience for purposes of these standards.

2. Evidentiary Matters. The attorney shall be familiar with the Texas Rules of Evidence and shall have knowledge of the use of expert witnesses and evidence, including, but not limited to psychiatric and forensic evidence.

3. Co-Counsel. If the Court appoints co-counsel for any offense, it shall be at the discretion of the Court as to the qualification of counsel except as provided in Section III.

4. Initial Training. Within (1) year of an initial application and preliminary certification under these standards, the attorney shall complete a minimum of (6) hours of approved training in the field of criminal law approved by the State Bar of Texas.

5. Continuing Training. To maintain certification, successful completion of a minimum of (6) hours of training annually or (12) hours biannually in criminal law, ethics, evidence, procedure or trial practice approved by the State Bar of Texas. This is a requirement by the presentation of a recertification affidavit or proof of completion presented prior to December 31 of each year. A failure to present such recertification shall cause an attorney to be subject to removal from the list of those attorneys eligible for appointment.

Annual Attorney Reporting Requirements. 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 form prescribed by the Texas Indigent Defense Commission to the court

administration office in the county.

CAPITAL OFFENSES

In order to serve as lead counsel in a capital offense where the State of Texas is seeking a death sentence, an attorney must meet the following:

1. exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases;

2. have (5) years experience in criminal litigation;

3. have tried to verdict as lead counsel a minimum of five felony cases and at least two of these cases shall be tried before a jury and has served as lead or co-counsel in a minimum of one capital murder trial;

4. have trial experience in the use of and challenges to forensic expert witnesses and investigating and presenting mitigating evidence at the penalty phase of a death penalty trial;

5. and have participated in continuing legal education relating to death penalty criminal defense.

CAPITAL OFFENSES WHERE DEATH PENALTY IS NOT SOUGHT BY THE STATE OF TEXS AND CO-COUNSEL FOR CAPITAL OFFENSES WHERE THE STATE IS SEEKING DEATH PENALTY.

In order to be eligible for appointment in the above described offenses, an attorney must meet the following criteria:

1. have (3) years experience in criminal litigation and
2. have tried to verdict at least two felony jury trials.

FIRST, SECOND AND THIRD DEGREE FELONIES. (This category includes enhanced State Jail felonies.)

In order to be eligible for appointment in the above described offenses, an attorney must meet the following criteria:

1. have at least (2) years of experience in criminal litigation and
2. have tried to verdict at least one jury trial.

STATE JAIL FELONY AND CLASSA/B MISDEMEANORS

In order to be eligible for appointment in the above described offenses, an attorney must meet the following criteria:
Have a license to practice law in the State of Texas.

APPELLATE COUNSEL

In order to serve as appellate counsel for capital offenses whether or not death penalty has been assessed, an attorney shall:

1. have (3) years of experience in criminal litigation and;
2. have filed a brief and/or argued (2) cases before the Courts of Appeal of Texas, the

Texas Supreme Court, the Texas Court of Criminal Appeals, Fifth Circuit Court of

Appeals and/or United States Supreme Court.

In all other felonies and misdemeanors, an attorney shall have (3) years of general experience in criminal litigation.

WRIT COUNSEL

In capital felonies where the death penalty has been assessed, appointed counsel for any writ of habeas corpus must possess the following qualifications:

1. The attorney must have (3) years criminal litigation experience and;

2. The attorney must have filed a brief and/or argued before the Courts of Appeal of the

State of Texas, the Texas Court of Criminal Appeals, the US District Court, the Texas

Supreme Court, the Fifth Circuit and/or the United States Supreme Court.

3. The attorney must be approved for appointment under the rules of the Court of Criminal Appeals for the State of Texas.

For all other grades of offenses, counsel shall be licensed to practice law in the State of Texas.

REVOCATION OF PROBATION

For trials of felony revocation of probation, an attorney shall have at least (1) year of experience in criminal litigation. For trials of State Jail and Class A/B misdemeanor revocation of probation, an attorney must be licensed to practice law in the State of Texas.

CRIMINAL LAW SPECIALIZATION
An attorney who has received his or her specialization in criminal law is qualified to serve on any capital felony where the State is not seeking the death penalty and for all other grades of felony and misdemeanor offenses. The attorney who possesses criminal law specialization shall also be exempt from the CLE requirements set out in Section I.

QUALIFICATIONS FOR APPOINTMENT

Only attorneys who practice criminal law shall be considered for appointment to represent indigent defendants in the courts of Rains County on the rotation system established by the Criminal Courts Board. However, any attorney who resides in Rains and practices criminal law in the county must apply for application to represent indigent defendants. The qualified attorneys’ list will be approved by the Criminal Courts Board. Applications for inclusion on the list must be filed with the Coordinator for the 8^th Judicial District Court at least fourteen (14) days prior to receiving criminal appointments.

The qualifications for appointment as qualified counsel are those established by the Criminal Courts Board in a separate document available from the coordinator of the 8^th Judicial District Court.

Attorneys who do not meet the qualifications for appointment may volunteer to serve as Second Chair counsel. Second Chair counsel may volunteer to assist qualified attorneys in order to gain experience and meet the appointment qualifications. Second Chair attorneys may perform any task as long as it is done under the supervision of a qualified attorney. The Courts will make no payment to any Second Chair counsel.

A Capital Qualified List shall be approved by the Criminal Courts Board. Such applying attorneys must certify in their application that they meet the capital counsel qualifications requirements of the Criminal Courts Board, the First Administrative Judicial Region, and Texas statutes. Second Chair counsel shall be appointed in capital cases where the State of Texas has filed its Notice of Intent to Seek the Death Penalty and shall be compensated as provided by the Criminal Courts Board.

Appointed attorneys who fail to promptly and professionally follow all of the rules and procedures adopted by the Courts may be removed from the qualified list by majority vote of the Criminal Courts Board and may forfeit all or part of their compensation for services as determined by the judge. Removed attorneys may reapply for approval after the expiration of one year from the date of removal. Complaints made against appointed attorneys will be referred to the Criminal Courts Board for investigation. All complaints will be reviewed periodically and an appointed attorney may be removed from the qualified list by a majority vote of the Criminal Courts Board. Before any type of removal from the Qualified attorneys list, the attorney must receive written notice and have the opportunity to be heard by the Criminal Courts Board. Such hearing will be closed and confidential.

COMPENSATION

Court appointed counsel shall receive such reasonable compensation as established by Standing Order of the Criminal Courts Board for Franklin County, Texas.

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

DEATH PENALTY CASES

Once a capital indictment is returned only a Capital Qualified List attorney approved to provide representation in a capital case will be appointed. If an attorney from the Qualified list has been representing the defendant pre-indictment and is not qualified on the Capital Qualified List, that attorney must immediately file a Motion to Withdraw and obtain a hearing on said motion.

Attorneys must be approved by majority of judges to be placed on the appointment list

Prompt Appointment of Counsel

10/28/2016

An indigent defendant is entitled to have an attorney appointed to represent him in any adversary judicial proceeding that may result in punishment by confinement and in any other criminal proceeding if the court concludes that the interests of justice requires representation. Except as otherwise provided by this subsection, if an indigent defendant is entitled to and requests appointed counsel and if adversarial judicial proceedings have been initiated against the defendant, a court or the courts' designee authorized under C.C.P. Article 26.04 to appoint counsel indigent defendants in the county shall appoint counsel as soon as possible, but not later than the end of the third working day after the date on which the court or the courts' designee receives the defendant's request for appointment of counsel.

A defendant can obtain the necessary forms to request counsel from 220 W. Quitman St., Ste. B., Emory, Texas 75440. He may submit these forms to the Rains County Clerk’s Office.

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:

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.

The attorney 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.

Waiver of the Right to Counsel

i. A defendant may voluntarily and intelligently waive the right to counsel.

ii. A waiver obtained in violation of section IV.B above is presumed invalid.

iii. 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)”

iv. 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 10 days to prepare.

OUT-OF-COUNTY ARRESTS ON LOCAL WARRANTS

If an indigent defendant is arrested in another county based on this county’s warrant, counsel will be appointed within 3 working days of this county’s receipt of the request for counsel. 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 day after the arrest, the defendant is still in this county’s custody.

REQUESTING ATTORNEY AFTER INITIAL APPEARANCE

Attorney Selection Process

5/9/2016

QUALIFICATIONS FOR APPOINTMENT

Only attorneys who practice criminal law shall be considered for appointment to represent indigent defendants in the courts of Hopkins County on the rotation system established by the Criminal Courts Board. However, any attorney who resides in Hopkins and practices criminal law in the county must apply for application to represent indigent defendants. The qualified attorneys’ list will be approved by the Criminal Courts Board. Applications for inclusion on the list must be filed with the Coordinator for the 8^th Judicial District Court at least fourteen (14) days prior to receiving criminal appointments.

Fee and Expense Payment Process

11/1/2019

On the _____ day of __________________, 2001 the below named County Court at Law and District Court judges with criminal jurisdiction, hereinafter referred to as the Criminal Courts Board, after a duly called and conducted meeting and discussion, did unanimously adopt this schedule of fees concerning compensation of court-appointed counsel for indigent defendants and related expenses made pursuant to Article 26.05, Texas Rules of Criminal Procedure; therefore, it is ORDERED that compensation of court-appointed counsel and related expenses, made pursuant to a motion in the format prescribed by the appointing court, shall be as set out below on a case-by-case basis as determined by the judge. Due to the wide variety of circumstances that may be encountered in cases, total compensation for all pre-trial, trial, post-trial, and appellate court appointed counsel services shall be determined by the judge upon the circumstances and complexity of each case. The fees set out below may be adjusted as reasonably determined by the judge.

MISDEMEANOR CASES

Trial: $300.00 per day (in trial)

Up to an additional $300.00 for trial preparation at the rate of $40.00 per hour when approved by the trial judge.

Non Trial
Disposition: $200.00 for plea/revocation/dismissal of a case

If more than one case, $50.00 payment for each additional case up to a maximum of $650.00.

NOTE: No payment will be made when a defendant is arrested for the purpose of either an Administrative Hearing or Judicial Review of a probation matter. If a motion to revoke is later filed, payment will be made under this schedule.

Appeal: $500.00 for appeal of a case

FELONY CASES

Guilty Plea - State Jail $ 250.00
Guilty Plea - Felony 3^rd $ 300.00

Guilty Plea – Felony 2^nd $ 300.00
Guilty Plea – Felony 1^st $ 350.00

Dismissal of Case $ ______**

**(same amount as for plea to be paid for the corresponding classification of offense)

Indictment Quashed $ 200.00
Non-Jury Trial - State Jail $ 500.00

Non-Jury Trial – Felony $ 500.00

Jury Trial $1,000.00

Up to an additional $300.00 for trial preparation at the rate of $40.00 per hour when approved by the trial judge.

Appeal $ 1,000.00

Revocations $ 250.00

If more than one case, $50.00 payment for each additional case up to a maximum of $650.00

Filing of Writs of Habeas Corpus - $100.00

Shock Probation Hearings - $100.00

Procedure Without Prior Court Approval:

Expenses incurred without prior approval shall be reimbursed if expenses are reasonably necessary and reasonably incurred.

Appointed counsel may incur investigative or expert expenses without prior approval of the court in an amount not to exceed $100.00 in misdemeanor cases and $500.00 in felony cases. On presentation of a claim for reimbursement, the court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonably incurred. Unreasonable or unnecessary expenses will not be approved.

Amendments/Modification/Probation $ 200.00

DEATH PENALTY - CAPITAL CASE COMPENSATION

Trial: Lead counsel: $100.00 per hour in trial

Second Chair: $ 75.00 per hour in trial

Lead counsel: Up to an additional $5,000.00 for trial preparation when approved by the trial judge at the rate of $75.00 per hour.

Second Chair: Up to an additional $3,000.00 for trial preparation when approved by the trial judge at the rate of $50.00 per hour.

Total compensation for lead counsel shall not exceed $30,000.00. Total compensation for second chair shall not exceed $20,000.00.

Non-Trial
Disposition: Lead counsel: $4,000.00 for plea/dismissal of a case
Second Chair: $2,000.00 for plea/dismissal of a case

Appeal: $100.00 per hour for a maximum of $5,000 for appeal of a case

REIMBURSEMENT FOR REASONABLE EXPENSES FOR PURPOSES
OF INVESTIGATION AND EXPERT TESTIMONY

Misdemeanor: In misdemeanor criminal cases appointed counsel will be reimbursed for reasonable expenses incurred, provided prior court approval has been granted upon motion and application and a hearing held on said motion. Reasonable expenses upon prior court approval after motion and application may include expenses incurred for investigation and expert testimony, and will be in addition to the total compensation referred to in Section I of this Order. Said fees shall not exceed TWO HUNDRED FIFTY DOLLARS (250.00) in total investigator fees and FIVE HUNDRED DOLLARS ($500.00) in total expert fees unless the Court finds exceptional circumstances or that good cause exists for exceeding said total amount.

Felony: In non-capital felony criminal cases appointed counsel will be reimbursed for reasonable expenses that are incurred provided prior court approval has been granted upon motion and application and a hearing held on said motion. Reasonable expenses upon prior court approval and after motion and application may include expenses incurred or expected to be incurred for investigation and expert testimony, and will be in addition to the total compensation referred to in Section II of this order. Said fees shall not exceed FIVE HUNDRED DOLLARS ($500.00) in total investigator fees and FIVE HUNDRED DOLLARS ($500.00) in total expert fees unless the Court finds exceptional circumstances or that good cause exists for exceeding said total amount.

Capital: In capital felony criminal cases appointed counsel will be reimbursed for reasonable expenses that are incurred provided prior court approval has been granted upon motion and application and hearing held on said motion. Reasonable expenses upon prior court approval and after motion and application may include expenses incurred or expected to be incurred for investigation and expert testimony, and will be in addition to the total compensation referred to in Section III of this order. Said fees shall not exceed TWENTY-FIVE HUNDRED DOLLARS ($2,500.00) in total investigator fees and TWENTY-FIVE HUNDRED DOLLARS ($2,500.00) in total expert fees unless the Court finds exceptional circumstances or that good cause exists for exceeding said total amount.

REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES

Each attorney shall prepare a detailed statement of the nature of the services performed, the date of such performance, the actual time spent on each such date and service, and shall submit said statement with a verified affidavit to the trial judge:

    A.    within 30 days of disposition of a case by a plea or bench trial; or
    B.    within 30 days of the date of verdict in a jury trial; or
    C.    within 30 days of the date the denial of a Motion for New Trial ; or

D. within 30 days of the date the mandate being returned in an appeal.

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.

THIS ORDER IS SIGNED AND EFFECTIVE ON THIS THE ___ DAY OF _______________________, 2015.

_______________________________ _______________________________

Honorable Eddie Northcutt Honorable Kelly Aikman

8^th Judicial District Court 354th Judicial District Court

_______________________________

Wayne Wolfe

County Judge

Plan Documents

Rains County Court Affidavit of Indigence.doc (12/8/2010 3:51:11 PM) view
Rains County Court Attorney Application for Appointment.doc (12/8/2010 3:58:32 PM) view
Rains County Court Attorney Fee Schedule.doc (12/8/2010 3:58:09 PM) view
Rains County Court Attorney Fee Voucher.doc (12/8/2010 3:52:11 PM) view
Rains County Court Attorney Reporting Form Percentage of Caseload.docx (10/29/2013 3:20:58 PM) view
Rains County Court Waiver of Counsel.doc (2/18/2011 2:32:34 PM) view