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

A.    The Judges hearing criminal cases 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:

                                i.            Misdemeanor Qualification 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 6 hours of CLE in the area of criminal law and procedure each year. All attorneys on the appointment list must file a certificate with the appointing authority each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in criminal 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 6 hours for such period may be applied to the following period’s requirement. The carryover provision applies to one year only;

4.      An attorney 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 3 year(s);

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

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

7.      An attorney shall notify the court appointing authority 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.

8.   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 online form to the Texas Indigent Defense Commission or the form prescribed by the Texas Indigent Defense Commission be submitted to the court administration office in the county.

                              ii.            State Jail and Third Degree Felony Case Qualification Requirements

1.      An attorney must meet general requirements for misdemeanor appointments;

2.      An attorney must have a minimum 1 year(s) experience in criminal law; or have tried a minimum of 2 criminal jury trial to verdict, of which at least 1 was a felony trial.

                            iii.            First and Second Degree Felony Case Qualification Requirements

1.      An attorney must meet the general requirements for State Jail and Third Degree Felony appointments.

2.      An attorney must have a minimum 2 year(s) experience in criminal law;

3.      Have experience as 1^st or 2^nd chair in at least 5 felony case(s) tried to verdict before a jury. 

                            iv.            Capital Case Qualification Requirements:

1.      Lead trial counsel must be on the list of attorneys approved by the local selection committee of this Administrative Judicial Region for appointment as lead counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

2.      Second chair counsel must be on the list of attorneys approved by the local selection committee of this administrative judicial region for appointment as lead trial counsel or second chair counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

3.      Appellate counsel must be on the list of attorneys approved by the local selection committee of this administrative judicial region for appointment as appellate counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

                              v.            Appeal Qualification Requirements - An attorney must meet at least one of the following criteria:

1.      Be currently board certified in criminal law by the Texas Board of Legal Specialization; or

2.      Have personally authored and filed at least two criminal appellate briefs or post-conviction writs of habeas corpus; or

3.      Have submitted an appellate writing sample approved by a majority of the judges; or

4.      Have worked as a briefing clerk of an appellate court for a period of at least one year, or

5.   Be deemed otherwise qualified or determined by the Criminal Court Board.

B.     Approval for Appointment Lists

                                i.            Misdemeanor List – An attorney must be approved by a majority of the Statutory County Court Judges hearing criminal cases.

                              ii.            State Jail and Third Degree Felony, First and Second Degree Felony List, Capital Case List, and Appeal List  - An attorney must be approved for each list by a majority of the District Court Judges hearing criminal cases.

C.     Removal from Appointment List - The judges 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

                                i.            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.

                              ii.            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:

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

                              ii.            Make every reasonable effort to:

1.      Contact the defendant by phone, fax, or in person by the end of the first working day after the date on which the attorney is appointed; and

2.      Personally interview the defendant within 10 days of appointment; 

                            iii.            Represent the defendant until:

1.      Charges are dismissed;

2.      The defendant is acquitted;

3.       Appeal to the Court of Appeals is exhausted; or

4.      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(s) that may be reasonably and arguably available to the defendant;

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

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

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

                        viii.            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 contact with the client at all times and keep the client informed of the status of the case; and

                              x.            Advise the client 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; and

                            xi.            Perform the attorney’s duty owed to the defendant in accordance with these procedures, the requirements of the Code of Criminal Procedure, and applicable rules of ethics.

                          xii.            Manage attorney’s workload to allow for the provision of quality representation and the execution of the responsibilities listed in these rules in every case.

A.    Prompt Appointment of Counsel

                                i.            Counsel shall be appointed as soon as possible to indigent defendants, but no later than the end of the third working day after the date on which the appointing authority receives the defendant’s request for court appointed counsel. Working day means Monday through Friday, excluding official state or county holidays.  Counsel must be appointed whether or not a case has been filed in the trial court.

                              ii.            If the defendant is released from custody prior to the appointment of counsel, appointment of counsel is not required until the defendant’s first court appearance or when adversarial judicial proceedings are initiated, whichever comes first.

                  iii.           If an indigent defendant is arrested in another county based on this county’s warrant, counsel will be appointed within three working days of this county’s receipt of the request for counsel.

iv.       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

v.        If a defendant wishes to request counsel prior to the initial appearance, the forms required to request counsel may be obtained at the Texas Indigent Defense Commission’s website at http://tidc.tamu.edu/public.net/ or from   the District Clerk. The defendant may submit these forms to the Court Coordinator for the 2nd Judicial District Court. The court will rule on all requests for counsel submitted in this manner.

    vi.           Appointment Authority

1.      If no case has been filed in the trial court, the appointing authority for misdemeanors is:  The Criminal Court Coordinator for the County Court at Law.

2.      If no case has been filed in the trial court, the appointing authority for felonies is: The Court Coordinator for the 2nd Judicial District Court.

3.      If the case has been filed in the trial court, the appointing authority for misdemeanors is the Criminal Court Coordinator for the County Court at Law and for the felonies is the Court Coordinator for the 2nd Judicial District Court.

B.     Defendants Appearing Without Counsel - If a defendant appears without counsel in any adversary judicial proceeding that may result in punishment by confinement:

                                i.            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.

                              ii.            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.

                            iii.            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.

C.     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.

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 a majority of the judges hearing criminal cases in the county.

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

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

                              ii.            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 60^th 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.

C.     Payment of Expenses:

                                i.            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.

                              ii.            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.

                            iii.            Procedure Without Prior Court Approval:  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.