A.    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. 

B.     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.

C.     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.

D.    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.

If the court determines that a defendant or respondent or the respondent’s family

has financial resources that enable him/her 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 or respondent to pay during the pendency of the charges or, if

convicted, as court costs the amount that it finds the defendant or respondent is

able to pay. In this event, the amount ordered to be paid by defendant or

respondent may be taxed and assessed against the defendant or respondent as

costs of court.

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I       General Requirements

 

All attorneys who desire to be appointed to represent criminal defendants hereinafter called “defendant” and juvenile respondents hereinafter

called “respondent” must apply to the judge of the Bastrop County Court at Law for consideration to be listed on the Master List of attorneys

eligible for consideration on the court appointed attorney list.

 

All attorneys to be considered for appointment to represent indigent defendants or respondents must be licensed to practice law by the State

Bar of Texas. 

 

To ensure that indigents receive experienced  counsel, all attorneys desiring to be appointed to represent defendants and respondents must have

practiced law in the State of Texas for at least 2 years and actively practiced in the Bastrop County Court at Law for at least one year. Provided,

however, that any attorney who has been regularly accepting court appointments in the Bastrop County Court at Law prior to June 1, 2001,

shall be deemed to have met the requirements of this paragraph.

 

All attorneys must complete a minimum of six hours of continuing legal education in criminal law if accepting misdemeanor appointments and a

minimum of six hours of continuing legal education in juvenile law if accepting juvenile appointments. Proof of completion of legal education

must be provided to the appointing authority on or before December 20th of each calendar year beginning with the calendar year of 2004.  

 

To guarantee the presence of attorneys to adequately represent indigent defendants and respondents, no attorney may be accepted onto the court appointed attorney list

unless said attorney commits to attend and does attend at least 75% of all the Bastrop County Court at Law designated general criminal and juvenile

dockets. The Court for good cause may excuse an attorney from such attendance on any docket. The Court may remove any attorney who fails to meet

this attendance requirement. Appointment to cases other than criminal and juvenile cases do not follow this requirement.  In the event that an appointment

is made in open court, any attorney who is next on the list to be appointed but not present when the appointment is made, shall be skipped. 

 

All attorneys representing defendants and respondents shall comply with all provisions of law regarding representing said clients, including but not limited to the timely

meeting with clients.

 

The attorney’s application must include the attorney’s name, address, business phone, fax, cell phone number (if any), level of

experience, areas of law for which the attorney seeks appointment, and the positive commitment by the attorney to attend at least 75% of all the Bastrop

County Court at Law designated general criminal or juvenile dockets. 

 

An attorney shall submit by October 15^th each year a statement that describes the percentage of the attorney's practice time that was dedicated

to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on

October 1 and ends on September 30. The report must be submitted through the online form to the Texas Indigent  Defense Commission/form prescribed

by the Texas Indigent Defense Commission to the court administration office in the county.

  

II.              CINS Charges or Delinquent Conduct, and Commitment to TJJD Is Not an Authorized      Disposition:

            1.      Meet the General Requirements;

            2.      Must have a minimum __1__ year of work experience in juvenile law;

            3.   Must have a minimum of  6  months experience in County Court at Law. 

III.            Delinquent Conduct, and Commitment to TJJD Without a Determinate Sentence Is an  Authorized Disposition:

            1.      Meet General Requirements;

            2.      Have a minimum __1__ year of work experience in juvenile law;

            3.   Must have a minimum of  6  months experience in County Court at Law.

IV.            Determinate Sentence Proceedings have been Initiated; or Proceedings for Discretionary Transfer to Criminal Court Have Been Initiated:

            1.      Meet General Requirements;

            2.      Have a minimum 1 year of work experience in juvenile law;

            3.   Must have a minimum of  6  months experience in County Court at Law.

A.    Appointment of Counsel for Children in Detention

                                            i.      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.

                         ii.    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. 

                                          iii.      Prior 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.

                                        iv.   If there is no parent or other responsible adult present, the court must appoint counsel or a guardian ad litem for the child.

                                        v.      If 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 promptly. The court may enforce an order to retain counsel by appointing an attorney to represent the child and requiring that the child’s parent or other responsible adult reimburse the court for attorneys’ fees.  

                                          vi.      Upon appointment, the court administrator shall notify the appointed attorney by fax, e-mail, or personal contact of the appointment and the scheduled hearing time and date.

                                        vii.      The 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.

                                      viii.      An 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 representation.

                     ix.   Court-appointed attorneys shall make every effort to comply with the Texas State Bar Code of Ethics for communication with a client.

B.     Appointment of Counsel for Children not Detained at Intake

                                            i.      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/guardian/custodian to the court so that financial information may be gathered for a determination of indigence.

                                          ii.      If the court makes a finding of indigence, the court shall appoint an attorney on or before the fifth working day after:

a.       The date a petition for adjudication or discretionary transfer hearing has been served on the child; or

b.      A motion to modify disposition seeking commitment to TJJD or placing in secure correctional facility has been filed.

                                        iii.      If 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.

                                        iv.      The prosecuting attorney/court clerk shall notify the juvenile court upon the filing of and return of service of a motion to modify or the return of service of a petition for adjudication or discretionary transfer.

There shall be an enrollment period for attorneys to apply to be placed on the

court appointed attorney list. An attorney may apply at any time but may not be

placed on the approved list except on the following dates: January 1, April 1,

July 1, or October 1 of any given year.

The Judge of the Bastrop County Court may remove an attorney from the

approved list at any time without prior notice if the Judge of the Bastrop County

Court at law believes that the attorney is not complying with the rules set out

herein or not adequately representing the client. The attorney may then request a

hearing before said judge within 20 days of receiving notice of removal from the

approved list.

The court granting a request for appointment of counsel shall appoint counsel

from a public appointment list. The court, based on the exigencies of a particular

case, may appoint more than one attorney to a case. The list shall be called the

Bastrop County Court at Law Court Appointed Attorney List. Each list may be

further divided into sub-lists based on types of cases. For instance, the list may

include separate lists for adult criminal, juvenile, Child Protective Services,

probate and Guardianship cases, etc.

The attorneys shall be listed by date that the attorney was accepted onto the list.

The court making the appointment shall make appointments from among the next

five names on the list in the order in which the attorney’s names appear on the

list, unless the court determines that good cause exists to appoint another

attorney. 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.

An Attorney may be removed from the appointment list if the attorney:

1. has twice or more failed to contact or interview clients in a timely manner

as required by Article 26.04(j)(1), Code of Criminal Procedure;

2. has submitted a claim for legal services not performed as specified in

Article 26.05(e), Code of Criminal Procedure;

3. fails to maintain compliance with each of the appointment guidelines;

4. has been found by a court to have provided ineffective assistance of

counsel;

5. has violated a rule of professional responsibility;

6. has been convicted of or received a deferred adjudication for a felony

offense or criminal involving moral turpitude;

7. is under indictment or being formally charged with a felony offense or a

criminal involving moral turpitude; or

8. has intentionally misrepresented statements on the application for the

appointment list.

An attorney may be removed from the appointment list for another stated good cause.

1. If a judge/member of the juvenile board believes that an attorney has violated any

of the provisions listed in the paragraph above, the judge/juvenile board member

may refer an attorney to the board of judges/juvenile board for removal from the

appointment list. The referral must be in writing and shall clearly state the

grounds that form the basis of the referral. No disciplinary action with respect to

the attorney being retained or removed from the appointment list may be made

without such a referral.

2. Upon receiving an attorney referral, the board of judges/juvenile board shall

notify the attorney in writing of the referral and inform the attorney of the

grounds that form the basis of the referral. The notice shall also inform the

attorney of the time and place the board of judges/juvenile board will meet to

discuss the referral and give the attorney an opportunity to respond to the referral

in writing or in person or both.

3. After the board of judges/juvenile board meets and gives the attorney an

opportunity to be heard, the board of judges/juvenile board shall determine

whether the attorney should:

1. Remain on the appointment list at the same level;

2. Removed to an appointment list for indigent defendants charges with less

serious offenses; or

3. Be removed from appointment list altogether.

4. The attorney may be removed from the appointment list or moved to an

appointment list for indigent defendants charged with less serious offenses by a

majority vote of the judges/juvenile board members present. In addition, the

majority of the judges/juvenile board members may also vote to require the

attorney to take other rehabilitative measures. Removals from any list may be

probated. For removal or probated removals, the judges/juvenile board members

ordering the removal may require the completing of rehabilitative measures as a

condition of probation or reapplication. An order of removal should state in the

order the earliest date at which the attorney may apply for reinstatement. An

attorney who was removed from an appointment list under “Grounds for

Removal” number 7 or 8 shall be immediately reinstated upon providing proof

that the charges were dismissed or that the attorney was acquitted, unless other

grounds for removal exist against the attorney that would prohibit reinstatement.

The decision of the board of judges/juvenile board is final and may not be

appealed. An attorney who chooses to appeal the trial court’s disapproval of the

requested attorney’s fees shall file a motion with the Presiding Judge of the

Administrative Judicial Region within twenty(20) days of the trial court’s signing

of an order disapproving the requested court appointed attorney’s fee.

The appealing attorney shall set forth in his motion the following information:

1. The cause number, style and caption of the case;

2. The type and classification of the offense;

3. The date that the attorney was appointed;

4. The date on which the case was disposed;

5. Whether the case was disposed of by dismissal, a plea, a bench trial, or a

jury trial;

6. The date and the length of each court appearance within the nearest onetenth

of an hour, if the attorney is requesting to be compensated based

upon an hourly fee;

7. The date of each office conference or jail conference and the time spent

within the nearest one-tenth of an hour;

8. A copy of any itemization submitted to the trial court for the purpose of

payment including a statement of each date a service was rendered, the

type of service rendered, the time expended in the rendering of said

service, the expenses incurred, and a statement explaining any attached

vendor’s invoice or expert’s services invoice;

9. Any factors that required unusual effort on the attorney’s part to overcome

in the representation of the defendant including but not limited to: need

for an interpreter, uncharged crimes and Penal Code Sec. 12.45 issues,

multiple defendants, etc.;

10. The date that the fee order the subject of the motion was signed;

11. A detailed statement by the attorney explaining how the trial court’s order

disapproving the requested court appointment attorney’s fee deviated from

the county’s approved fee schedule adopted under the Texas Fair Defense

Act.

The appealing attorney shall attach the following documents to the motion:

1. A copy fo the trial court’s order disapproving the requested court

appointed attorney’s fee, if any, and

2. A copy of the county’s attorney fee schedule adopted pursuant to the

Texas Fair Defense Act.

5. The appealing attorney shall file the original of the motion with the clerk of the

court in which the case is pending, and shall file a certified copy of the motion

with the Presiding Judge of the Administrative Judicial Region and with the trial

court. The Presiding Judge of the Administrative Judicial Region shall abate any

ruling on the motion for a period of not less than ten (10) days from the filing of

the motion pending an opportunity for further review by the trial court. After

receiving the motion, the trial court may enter a revised payment order within the

ten (10) day period following the filing of the motion. The trial court shall file a

copy of the revised payment order with the Presiding Judge of the Administrative

Judicial Region. If a revised payment order is entered resolving the dispute to the

satisfaction of the appealing attorney, the attorney shall, within five (5) days of

the signing of the trial court’s revised payment order, file with the Presiding

Judge of the Administrative Judicial Region and the trial court a notice stating

that the matter remains subject to contest. The attorney shall attach a copy of the

trial court’s revised payment order to said notice. The trial court shall, within five

(5) days of the filing of the notice of contest, file written findings that set forth in

detail the reason(s) for disapproving the requested attorney’s fee. The findings

should substantially comply with the form attached as Appendix A. If the trial

Court does not enter a revised payment order, the trial court shall, within five (5)

days of the filing of the motion, file written findings that set forth in detail the

reason(s) for disapproving the requested attorney’s fee. The findings should

substantially comply with the form attached as Appendix A. If the Presiding

Judge of the Administrative Judicial Region has not received notice fo a

resolution of the appeal prior to the expiration of ten (10) days from the filing of

the motion, the Presiding Judge shall rule on the motion in accordance with the

provision of 26.05(c), Texas Code of Criminal Procedure. The Presiding Judge

shall sign an order that substantially conforms to the form order attached as

Appendix B.

JUVENILE CASES

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Disposed of by:

Detention Hearing $100.00

Agreement $250.00 ($125.00 for each additional

case with same Respondent.)

Trial Attorney must submit itemized

statement outlining all time spent on

case and all expenses. The Court will

review the statement and authorize

payment accordingly based on the rate

of $75.00 per hour.

Bastrop Juvenile Board Attorney Fee Voucher.wpd (12/22/2009 11:21:50 AM) view
Bastrop Juvenile Board Fee Schedule for Juvenile Cases.doc (4/29/2010 2:12:38 PM) view