A.  Definitions, as used in this rule:

1.          "Indigent" means a person who is not financially able to employ counsel.

11.          "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 income.

111.         "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.

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

1.          A child is presumed indigent if any of the following conditions or factors are present:

1.     At 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.

2.   The 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;

3.   The 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

11.            The 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. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:

1.     the nature of the 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 child, the child's parent(s)/person(s)

responsible, and other dependents of the child's parent(s)/person(s) responsible;

5.    child's parent(s') income or the income of other person(s) determined responsible for the support of the child;

6.   source of income;

7.   assets and property owned by the child, child's parent(s), or other person(s)

determined responsible for support of the child;

8.   outstanding obligations;

9.   necessary expenses; and

10. the number and ages of any siblings of the child.

m.       Factors NOT to be considered in determining indigence:

1.     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.

2.    Only 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.

C.  Indigence Proceedings:

1.          The 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 information provided.

11.             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 child is (or is not) indigent; or

2.   Impeaching direct testimony of the child or the child's parent(s)/person(s)

responsible regarding the child's indigence.

111.         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.

iv,            A 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 circumstances occurs.

1.     A child's status as indigent or not indigent may be reviewed in a formal hearing at any stage of 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:

a.    Evidence of a material change in the child's parent(s)/person(s)

responsible and the child's financial circumstances; or

b.   Additional 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.

2.   If 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       reasonably       expended       on       the       case.

A.  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 requirements:

1.          General Requirements:

1.     All attorneys on the appointment list must ensure all information on their application is correct;

2.   An attorney must be a licensed practicing attorney and a member in good standing of the State Bar of Texas;

3.   An attorney shall complete a minimum of Six (6) hours of CLE in the area of juvenile law and procedure each year. All attorneys on the appointment list must file a certificate with the court administration office 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 an attorney's initial reporting period may be used to meet the educational requirements for the initial year.  Continuing legal education activity completed during any reporting period in excess of the minimum of Six (6) hours for such period may be applied to the following period's requirement.  The carryover provision applies to one year only;

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

5.   May not have been the recipient of any public disciplinary action by the State Bar of Texas or any other attorney licensing authority of any state or the United States within the last one (1) year;

6.   An attorney must maintain an office capable of receiving email, fax, and telephone calls;

7.   An attorney must have the ability to produce typed motions and orders;

8.   An attorney shall notify the Juvenile Board promptly, in writing, of any matter that would disqualify the attorney by law, regulation, rule, or under these guidelines from receiving appointments to represent indigent defendants.

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

1.     Meet the General Requirements;

2.   Must have a minimum one (1) year of work experience in juvenile law;

3.   Must have observed or participated in at least:

a.    Five (5) stipulated juvenile adjudications; b.   One (1) contested juvenile adjudications; c.    Five (5) juvenile dispositions; and

d.  Five (5) detention hearings; and

4.   Participated in at least one (1) criminal or juvenile trial.

m.       Delinquent Conduct, and Commitment to TYC Without a Determinate

Sentence Is an Authorized Disposition:

1.     Meet General Requirements;

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

3.   Participated in ten (10) criminal or juvenile cases, of which at least one (1) was tried to a jury verdict; and

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 five (5) years of work experience in juvenile law;

3.   Participated in fifteen (15) criminal or juvenile cases, of which at least one (1)

was tried to a jury verdict;

4.   Tried at least one (1) criminal or juvenile case as lead counsel.

9. 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. 26.04G)(4),  CCP]B.  Approval for Appointment Lists - An attorney must be approved by a majority of the Juvenile Board for each appointment list for which the attorney applies.

C.  Removal from Appointment List - The 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.

D.  Reinstatement to Appointment Lists

1.          An 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.

11.          An attorney who has been removed from the appointment list for any other reason and who wishes to be reinstated must apply through the original application process.

E.  Duties of Appointed Counsel - Appointed Counsel shall:

1.          Notify the court within 72 hours of the receipt of appointment;

11.              Make every reasonable  effort to:

1.    Contact  the child by the end of the first day after the date on which the attorney is appointed;  and

2.    Interview  the child as soon as practicable  after the attorney  is appointed;

111.              Represent  the child until:

1.     The case is terminated;

2.    The family retains  an attorney;

3.   The attorney  is relieved  of his duties by the court or replaced  by other counsel. iv.        Investigate,  either by self or through  an investigator,  the facts of the case

and be prepared  to present  any factual  defense  that may be reasonably  and arguably available  to the child;

v.        Brief the law of the case and be prepared  to present  any legal defense  that may be reasonably  and arguably  available  to the child;

vi.        Be prepared  to negotiate  with the prosecutor  for the most favorable solution  of the case as can be achieved  through  a plea agreement;

v11.           Be prepared  to try the case to conclusion  either with or without  a jury;

v111.            Be 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 Procedure;

ix.        Maintain  reasonable  communication   and keep the child informed  of the status of the case; and

x.        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.

xi,            Perform  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.

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.   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.

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

iv.   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.

v.   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.

vi.   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.

vii.   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.

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

ix. 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.

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 TYC 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

A.   The appointing  authority  will identify  which  of the appointment  lists, discussed  in the attorney qualifications   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:

1.          The 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;

n.        The 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;

111.              An initial  detention  hearing  is scheduled  and the first attorney  on the list is unavailable;  or

iv,            Other good cause exists for varying  from the list.

B.   Once 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.

C.   Judicial  Removal  from Case:

1.            The judge  presiding  over a case involving  a child may remove  appointed counsel  upon entering  a written  order showing  good cause  for such removal,  including without  limitation,  the following:

1.     Counsel's   failure  to appear  at a court hearing;

A.  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.

B.  Payment Process - No payment of attorney's fees will be made other than in accordance with the rules set forth below.

1.              An appointed attorney shall fill out and submit a fee voucher to the court for services rendered.

n.       The trial judge presiding over the proceedings shall review the request for compensation and either approve or disapprove of the amount requested.

1.     If 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.

2.     An 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 this administrative  judicial  region.

3.  Payment  vouchers  received  more  than  one (1) year  after  disposition   of the case will be rejected  unless presiding judge  at his or her discretion  approves  payment.

C.   Payment  of Expenses:

1.              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.

11.             Procedure  With Prior Court Approval:

1.     Appointed  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:

a.    The type of investigation  to be conducted  or the type of expert to be retained;

b.    Specific  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

c.    An itemized  list of anticipated  expenses  for each investigation  and/or each expert.

2.    The 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:

a.    State the reasons  for the denial  in writing;

b.    Attach  the denial to the confidential  request;  and

c.    Submit the request and denial as a sealed exhibit to the record. m.       Procedure Without Prior Court Approval:

1.     Appointed 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 reasonably incurred. Unreasonable or unnecessary expenses will not be approved.