Juvenile Indigent Defense Plan Summary

1. Which of the following best describes the method your courts use to determine whether a juvenile is indigent and entitled to have counsel appointed?125% of the Poverty Guidelines

2.  How many hours of continuing legal education (CLE) in juvenile law/procdure do you require attorneys to receive each year to be eligible to represent indigent juveniles?  6 hours (Indicate number of hours if require the same number for all levels)

3. If you have a range of CLE hour requirements based on the level of offense an indigent defendant is charged please indicate the number of hours required for each level of case below:  N/A

4. Do you waive CLE requirement for attorneys who are Board Certified in Juvenile Law?  Yes

5. Do you allow attorneys to earn CLE hours in criminal law/procedure, instead of juvenile law/procedure to meet this requirement? Yes

6. Indicate the number of trials and or years experience you require each attorney to have completed to be eligible for the appointments list:

Conduct indicating a need for supervision: No specific experience required

Delinquent conduct in which commitment to TJJD is not possible: No specific experience required

Indeterminate commitment fot TJJD is possible: Minimum years of experience in the practice of juvenile law - 1

Determinate sentence to TJJD proceedings: Minimum number of juvenile trials - 1

Discretionary transfer to criminal court proceedings: No specific experience required

7.  Do you waive the experience requirement for attorneys who are Board Certified in Juvenile Law?  Yes

8. Which of the following best describes the method your courts use to select attorneys to represent indigent juveniles? Please check all that apply.

Rotation System: Attorneys are selected based on the order that their names appear on lists of qualified attorneys.

 

Revised 01/10 — Task Force on Indigent Defense Juvenile Indigent Defense Plan Summary

JUVENILE COURT RESPONSIBILITIES

    

The Juvenile Court will conduct a Pre-Trial hearing in cases where the juvenile is not detained.  At the Initial Detention or Pre-Trial hearing the responsible judge will comply with Senate Bill 7 for:

1. Providing to the juvenile and parent(s)/guardian the juvenile warnings as provided by law;

2. Notification of indigent representation rights;

3. Making of record of the juvenile warnings (where appropriate) and right to court appointed counsel for indigent accused persons;

4. Notification of right to counsel and right to court appointed counsel if parent(s)/guardian(s) or responsible person(s) are indigent;

5. Inquiry as to whether there is a request for court appointed counsel;

6. Provide the parent(s)/guardian(s) of the juvenile with a Financial Questionnaire and reasonable assistance in completing said forms;    

7. Appointment of counsel from the approved appointment list program upon a finding of indigence.

PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDIGENCE STATUS

     At the Initial Detention or Pre-Trial Hearing, the parent(s), guardian(s) and/or person(s)responsible for each juvenile (hereinafter “requesting person”) shall be provided an opportunity to request court appointed counsel, if indigent. Each requesting person shall complete and file with the Juvenile Court a sworn Financial Questionnaire, in a form approved by the Smith County Juvenile Judge. The Juvenile Court will ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel. If the requesting person does not speak and/or understand the English language or is deaf, the judge shall inform the person in a manner consistent with Texas Code of Criminal Procedure Articles 3 8.3 0 and 3 8.3 1.  The juvenile judge shall consider the following standards for determining indigence and such other reasonable factors as the court finds bearing on the financial inability of a requesting person to retain counsel:

1. Requesting person’s income from any and all sources;

2. Sources of the requesting person’s income;

3. Assets of the requesting person;

4. Property owned by the requesting person, or in which the requesting person has an interest;

5. Outstanding obligations of the requesting person;

6. Necessary expenses of the requesting person;

7. The number and age of the requesting person’s legal dependents;

8. Spousal income available to the parentlguardian; and

9. Such other reasonable factors as determined by the judge.

     In cases where the juvenile judge determines that the requesting person is financially able to hire counsel, the juvenile judge will either order that the parent, guardian or responsible person hire counsel for the juvenile or, in case where necessary to promote justice, appoint counsel for the juvenile and order that payment be made directly to such counsel or as reimbursement to Smith County.

 

LIST OF ELIGIBLE ATTORNEYS FOR SERVICE AS COURT APPOINTED COUNSEL

FOR INDIGENT ACCUSED PERSONS IN JUVENILE CASES

     The Smith County Juvenile Board shall approve a list of eligible attorneys on or before January 1 of each year and such list shall be posted outside of the Juvenile Court office and available to the public upon request. If changes are made to the list during the year, an updated list will be posted.  The Smith County Juvenile Board shall make available to all licensed attorneys residing in Smith County, Texas, the approved Application for Juvenile Counsel Appointments upon implementation of this Plan. The Smith County Juvenile Board shall on or before __________________. meet, approve and post outside the Smith County Juvenile Court office the list of the names of attorneys approved to represent indigent accused juveniles in Smith County.  The list shall consist of the attorneys who have voluntarily applied for inclusion on such list. Such list shall be graduated for attorneys that are recognized by the Juvenile Court as qualifying for appointment in:

Level 1) Child in Need of Supervision (CINS) offenses and delinquent conduct (non-determinate sentence) cases

Level 2) Determinate sentence to the Texas Juvenile Justice Department or cases in which certification to stand trial as an adult is available

Level 3) Appeals

Qualifications -

Level 1) License to practice law in the State of Texas and in good standing with the Texas Bar Association.

Level 2) Level I qualification plus at least one year experience in criminal/juvenile litigation

Level 3) Level 1 qualification plus at least two years experience in criminal litigation or at least one year experience in appellate practice and procedure.

Attorneys must complete at least 6 hours of continuing legal education pertaining to juvenile law during each 12-month reporting period or be currently certified in juvenile law by the Texas Board of Legal Specialization (see 1 TACSubsection 174.1-174.4).  Standards must require attorneys to submit by October 15 each year the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal and juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30. [Art. 26.04(j)(4), CCP]

Prompt Appointment of Counsel    

The Juvenile Judge, upon any finding of indigent and request for court appointed counsel, shall sign an Order Appointing Counsel and the staff of the Juvenile Judge shall immediately contact the attorney by phone, fax, e-mail or in person and notify said attorney of the appointment and the last known location of the juvenile.  Appointment of counsel under this Plan shall be on a rotational basis from the list of approved counsel for the appropriate level of case. Where counsel is appointed at an Initial Detention hearing or in other situations where the presence of counsel is needed immediately, the Juvenile Court may deviate from the rotational list and appoint from approved counsel who arepresent and available in the courthouse.

If the child was not represented by an attorney at the detention hearing required by Section 54.01 of the Family Code and a determination was made to detain the child, the child shall immediately be entitled to representation by an attorney.  The court shall order the representation of an attorney according to Subsection (d) or appoint an attorney according to Subsection (f).

The juvenile court shall determine, on the filing of a petition, whether the child's family is indigent if: (1) the child is released by intake; (2) the child is released at the initial detention hearing; or (3) the case was referred to the court without the child in custody.

A juvenile court that makes a finding of indigence shall appoint an attorney to represent the child on or before the fifth working day after the date the petition for adjudication or discretionary transfer hearing was served on the child.  An attorney appointed under this subsection 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.

The juvenile court shall determine whether the child's family is indigent if a motion or petition is filed under Section 54.05 seeking to modify disposition by committing the child to the Texas Youth Commission or placing the child in a secure correctional facility.  A court that makes a finding of indigence shall appoint an attorney to represent the child on or before the fifth working day after the date the peition or motion has been filed.  An attorney appointed under this subsection shall continue to represent the child until the court rules on the motion or petition, the family retains an attorney, or a new attorney is appointed.

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 that hearing. [Sec. 54.01(b-1), FC]

 

A child taken into custody must either be brought to a juvenile processing office 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 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. 

 

 

A parent(s) determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the patent(s) financial circumstances occurs.

A parent(s) status as indigent or not indigent may be reviewed in a formal hearing at any stage of a court proceeding based on evidence of a material change in the parent(s) circumstances.  A parent(s) status as indigent or no indigent also may be reviewed in a formal hearing at any stage of a court proceeding based on additional information regarding financial circumstances, subject to the presumption.  If a parent(s) previously determined to be indigent subsequently is determined no to be indigent, the attorney shall be compensated by the county in accordance with these guidelines for time reasonably expended on the case.

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 that hearing. [Sec. 54.01(b-1), FC]

PAYMENT BY PARENT(S)

(A) A Court that finds that a parent(s) has financial resources to offset, in part or in whole, the costs of legal services provided under these guidelines may order the parent(s) to pay the county portion of the costs of legal services provided that it finds on the record that the parent(s) is/are able to pay.

 

LIST OF ELIGIBLE ATTORNEYS FOR SERVICE AS COURT APPOINTED COUNSEL FOR

INDIGENT ACCUSED PERSONS IN JUVENILE CASES

     The Smith County Juvenile Board shall approve a list of eligible attorneys on or before January 1 of each year and such list shall be posted outside of the Juvenile Court office and available to the public upon request. If changes are made to the list during the year, an updated list will be posted.  The Smith County Juvenile Board shall make available to all licensed attorneys residing in Smith County, Texas, the approved Application for Juvenile Counsel Appointments upon implementation of this Plan. The Smith County Juvenile Board shall on or before _________________. meet, approve and post outside the Smith County Juvenile Court office the list of the names of attorneys approved to represent indigent accused juveniles in Smith County.  The list shall consist of the attorneys who have voluntarily applied for inclusion on such list. Such list shall be graduated for attorneys that are recognized by the Juvenile Court as qualifying for appointment in:

Level 1) Child in Need of Supervision (CINS) offenses and delinquent conduct (non-determinate sentence) cases

Level 2) Determinate sentence to the Texas Juvenile Justice Department or cases in which certification to stand trial as an adult is available

Level 3) Appeals

Qualifications -

Level 1) License to practice law in the State of Texas and in good standing with the Texas Bar Association.

Level 2) Level I qualification plus at least one year experience in criminal/juvenile litigation

Level 3) Level 1 qualification plus at least two years experience in criminal litigation or at least one year experience in appellate practice and procedure.

APPOINTMENT PROCEDURES AND RULES

     The Juvenile Judge, upon any finding of indigent and request for court appointed counsel, shall sign an Order Appointing Counsel and the staff of the Juvenile Judge shall immediately contact the attorney by phone, fax, e-mail or in person and notify said attorney of the appointment and the last known location of the juvenile.  Appointment of counsel under this Plan shall be on a rotational basis from the list of approved counsel for the appropriate level of case. Where counsel is appointed at an Initial Detention hearing or in other situations where the presence of counsel is needed immediately, the Juvenile Court may deviate from the rotational list and appoint from approved counsel who are present and available in the courthouse.

COMPENSATION OF COURT APPOINTED COUNSEL

     Court appointed counsel shall receive such reasonable compensation as established by Standing Order of the Juvenile Board for Smith County, Texas. The fee schedule adopted by formal action of the Juvenile Board for Smith County, Texas shall comply with the Texas Code of Criminal Procedure Article 26.05 and all applicable law and shall be submitted to and approved by the Smith County Commissioner’s Court.

  APPOINTMENT OF INVESTIGATORS AND EXPERTS FOR INDIGENT DEFENSE

     Appointment and reimbursement for reasonable andnecessary investigation, mental health, and other experts shall be as provided by law and only upon written motion and prior approval of the juvenile judge for such appointment and anticipated reimbursement.  Expenses incurred without prior approval shall be reimbursed if expenses are reasonably necessary and reasonably incurred.

 RESPONSIBILITY OF COURT APPOINTED COUNSEL 

     Court appointed counsel shall make every reasonable effort to contact the juvenile and their parent/guardian not later than the end of the first working day after appointment and confer with juvenile as soon as practicable.  Court appointed counsel on the approved list must maintain an office with a phone which is answered a receptionist or answering service from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m. Monday through Friday (except for Smith County holidays as set out in the official Smith County calendar approved by the Smith County Commissioner’s Court) and which receptionist or answering service can promptly locate the attorney and notify said attorney of appointment or hearing setting. Court appointed counsel on the approved list must maintain a FAX number to which FAXES may be received 24 hours a day, seven days a week and/or an email address. These numbers shall be provided to the designated Juvenile Court for Smith County and shall be the official numbers which will be utilized by the court to inform counsel of appointment or court hearings. Any change in these notification numbers must be given in writing to the Juvenile Court prior to the change.  Court appointed counsel shall comply with all laws, rules, procedures, and ethical provisions for providing reasonable assistance of counsel to their client.  Court appointed counsel shall maintain a high standard of ethical and professional conduct and shall always be completely candid with the Juvenile Court.  Court appointed counsel shall timely inform their client of matters relating to the preparation, trial, and disposition of the case; appellate and writ rights, deadlines, and procedures for proper processing, and such other matters as necessary to provide reasonable assistance of counsel.  Court appointed counsel shall represent a juvenile until the juvenile is found to have not engaged in delinquent conduct or conduct indicating a need for supervision, the juvenile has beenadjudicated and disposition has been conducted, or the court, after entering a finding of good cause on the record, relieves the attorney andlor replaces the attorney with other counsel. In cases that are appealed, counsel shall represent the juvenile until appeals are exhausted.  Court appointed counsel shall meet the following standards, said attorney shall:

1. Be a member in good standing with the State Bar of Texas;

2. Professionally perform duties and responsibilities of a licensed attorney for the State of Texas;

3. Initial Training - Before consideration of an initial application and certification, the attorney shall complete a minimum of 4 hours of continuing legal education in juvenile law/procedure.  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 initial year.

4. An attorney shall complete a minimum of 6 hours of CLE in the area of juvenile law and procedure each year.  

5. All attorneys on the appointment list must file and “Annual Certification of the Knowledge of the Local Rules” with the clerk of the juvenile court 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.  

6. The requirement of paragraph 4 (minimum of hours of CLE in the area of juvenile law and procedure each) are waived if the attorney maintains a board certification in Juvenile Law and/or Criminal Law with the Texas Board of Legal Specialization.

7. The requirements of paragraph 4 are waived if during the proceeding reporting year the attorney attends the annual Texas Juvenile Law Conference or its equivalent and receives at least ten (10) CLE hours for attending the same. 

The judge of the designated Juvenile Court in the county may remove an attorney from consideration for appointments, if the attorney does not fulfill the duties required by law, rules, local rules, the Juvenile Court, or provisions for providing reasonable assistance of counsel or complying with the requirements for inclusion on the approved list for counsel for indigent accused juveniles or if said Juvenile Judge finds that cause exists for the removal of said attorney from the approved list.

REVIEW OF ELIGIBLE LIST OF COURT APPOINTED COUNSEL 

     Eligible attorneys may make application to be included on the appointment list at any time by delivering the same to the Juvenile Court and the same will be considered at the next Juvenile Board meeting. The Smith County Juvenile Board shall review and reform the list of eligible court appointed counsel as needed and cause same to be posted outside the Smith County Juvenile Court office and made available to the public upon request.

 COMPENSATION OF COURT APPOINTED COUNSEL

     Court appointed counsel shall receive such reasonable compensation as established by Standing Order of the Juvenile Board for Smith County, Texas.  The fee schedule adopted by formal action of the Juvenile Board for Smith County, Texas  shall comply with the Texas Code of Criminal Procedure Article 26.05 and all applicable law and  shall be submitted to and approved by the Smith County Commissioner’s Court.

Attorneys shall submit by October 15 each year the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal and juvenile delinquency cases. The report must be made on a form prescribed by the Texas Indigent Defense Commission for the prior 12 months that begins on October 1 and ends on September 30.

 APPOINTMENT OF INVESTIGATORS AND EXPERTS FOR INDIGENT DEFENSE

Appointment and reimbursement for reasonable andnecessary investigation, mental health, and other experts shall be as provided by law and only upon written motion and prior approval of the juvenile judge for such appointment and anticipated reimbursement.

 STANDING ORDER FOR COMPENSATION OF ATTORNEYSAPPOINTED TO REPRESENT INDIGENT JUVENILES

     On the 31st day of August 2023, the below named Smith County Juvenile 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 juveniles andrelated expenses made pursuant to Article26.05,Texas Rules of Civil 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 follows on a case-by-case basis as determined by the judge:

A. At the rate of $120.00 per hour to a maximum total of $720.00 for a plea of true; probation modification of a single case.

B. At the rate of $120.00 per hour to a maximum total of $1200.00 for pleas of true; probation modification of multiple cases on the same respondent. 

C. $100 fee on cases reduced from felony with an agreed misdemeanor plea.

D. $120.00 per hour in trial (with an additional $1200 for trial preparation when approved by the trial judge.)

E. $750.00 fee for appeal of a single case; $1200.00 fee for appeal of muliple cases on a single respondent.  

Due to the wide variety of circumstances which may be encountered in juvenile cases, total compensation for all pre-trial, trial, post-trial, and appellate court appointed counsel services shall be determined by the Juvenile Judge based upon the circumstances and complexity of each case.

 REIMBURSEMENT FOR REASONABLE EXPENSES FOR PURPOSES OF INVESTIGATION AND EXPERT TESTIMONY

     In juvenile delinquent conduct cases, appointed counsel will be reimbursed for reasonable expenses that are incurred provided prior court approval has been granted upon motion, 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.

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, and the actual time spent on each such date and service, and shall submit to said statement with a verified affidavit to the juvenile judge:

A. within five (5) working days of a detention hearing or other bench hearing, including non-jury adjudication/disposition; or

B. within ten (10) working days of the date of verdict in a jury trial; or

C. within fifteen (15) days of the date the mandate being returned in an appeal. Bills for indigent attorneys fees not timely filed will be considered waived, the services performed PRO BONO, and said request for attorney’s fees shall not be paid  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 diffrent from the requested amount. The attorney whose request for payment has been disapproved may, bywritten motion, file an appeal with the Smith County Juvenile Board.

ARRESTING OFFICERS RESPONSIBILITIES

      An officer must provide a copy of the offense report to Smith County Juvenile Attention Center personnel AT THE TIME the juvenile is placed into detention at the Smith County Juvenile Attention Center. No juvenile will be accepted into the Smith County Juvenile Attention Center without the offense report, except those detained for probation violation, pursuant to a Directive to Apprehend or upon notice of Texas Youth Commission parole violation. The arresting officer must make himself/herself available to talk with the Juvenile Prosecutor(s) as to whether or not the officer’s appearance at the Initial Detention hearing will be necessary.

 JUVENILE COURT RESPONSIBILITIES

     The Juvenile Court of Smith County, Texas shall conduct an initial detention hearing (or) probable cause determination, where appropriate) in accordance with the time periods set forth in the Texas Family Code for any juvenile who is placed into detention at the Smith County Juvenile Attention Center. The Juvenile Court will conduct a Pre-Trial hearing in cases where the juvenileis not detained.

      At the Initial Detention or Pre-Trial hearing the responsible judge will comply with Senate Bill 7 for:

1. Providing to the juvenile and parent(s)/guardian the juvenile warnings as provided by law;

2. Notification of indigent representation rights;

3. Making of record of the juvenile warnings (where appropriate) and right to courtappointed counsel for indigent accused persons;

4. Notification of right to counsel and right to court appointed counsel if parent(s)/guardian(s) or responsible persons(s) are indigent;

5. Inquiry as to whether there is a request for court appointed counsel;

6. Provide the parent(s)/guardian of the juvenile with a Financial Questionnaire and reasonable assistance in completing said forms; and

7. Appointment of counsel from the approved appointment list program upon a finding of indigence.

		-- Appointed Attorney List Maintenance -- JUVENILE Attorney			1
1.		Bretzke, Karen
2.		Deen, Jennifer
3.		Huggler, Jim
4.		Melontree, Beverly
5.		Miller, Debbie
6.		Stewart, Rianne
7.		Rollings,Brian
8.		Christie, Carie
9.		Simmons, Dick
10.		Sorrells, Ryan
11.

 AMENDMENT

     This plan may be amended by a vote of two-thirds of the Juvenile Board members present and submitted for approval by a majority of the Smith County Commissioners’ Court.

 JUVENILE BOARD’S REPORTING COMPLIANCE

     The above Plan and Order was adopted by unanimous vote of the below signed judges and is effective beginning January 1, 2024.

Signed and ORDERED this the ____day of__________________ 2023.

                                                                                

HONORABLE NEAL FRANKLIN, Chair, County Judge

HONORABLE KERRY RUSSELL, 7TH JUDICIAL DISTRICT COURT 

HONORABLE JASON ELLIS, COUNTY COURT AT LAW

HONORABLE REEVE JACKSON, 114TH JUDICIAL DISTRICT COURT

HONORABLE TAYLOR HEATON, 475TH JUDICIAL DISTRICT COURT

HONORABLE DEBBIE GUNTER, 241ST JUDICIAL DISTRICT COURT

HONORABLE SARA MAYNARD, COUNTY COURT AT LAW # 2

HONORABLE CLAY WHITE, COUNTY COURT AT LAW #3

HONORABLE ROBERT WILSON, 321ST JUDICIAL DISTRICT COURT

 

Smith Juvenile Board Attorney Application for Appointment.pdf (1/5/2010 4:26:36 PM) view
Smith Juvenile Board Attorney Fee Schedule.pdf (11/1/2023 10:06:59 AM) view
Smith Juvenile Board Attorney Fee Voucher.pdf (10/7/2010 2:56:09 PM) view
Smith Juvenile Board Smith County Juvenile Services Financial Questionnaire.pdf (1/6/2010 9:09:28 AM) view
Smith Juvenile Board Smith County Supplemental Plan for Continuing Legal Education Requirements.pdf (1/5/2010 4:22:11 PM) view