San Patricio County Courts at Law Plan

Preamble

Be it remembered that on this date, and pursuant to Art. 26.04 of the Texas Code of Criminal Procedure, the Administrative County Court at Law Judge of San Patricio County, Texas, hereby adopt, order, establish, and order published these countywide procedures, rules, and orders for timely and fairly appointing counsel for indigent defendants in the county arrested for or charged with a misdemeanor punishable by confinement.  This document is the Plan for San Patricio County Courts at Law to conform with the requirements of The Texas Fair Defense Act.

I.  Prompt Magistration

 

1. The arresting officer and magistrate shall perform the duties set forth at Art. 15.17, Texas Code of Criminal Procedure, together with any other duties required by state or federal law.

 

2. Any person arrested or taken into custody within this county shall be taken before a magistrate of this county without unnecessary delay, and not later than 48 hours after the person is arrested.

 

3. Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause must be completed and filed at the time an arrestee is booked into jail for any misdemeanor punishable by incarceration.

 

4. A person arrested for a misdemeanor without a warrant and who is detained in jail must be released not later than the 24th hour after arrest, on a personal bond, if a magistrate has not determined that probable cause exists to believe that the person committed the offense.   If requested by the state, a magistrate may postpone the release of the defendant for not more than 72 hours after the defendant's arrest if a probable cause determination has not been made, in compliance with the procedure set forth in Article 17.033, Texas Code of Criminal Procedure.

 

5. The magistrate shall provide the warnings required by law, either in person or by video conference or in any other manner authorized by law, and should use the Magistrate Warning form to document said warnings.

 

6. At the Magistrate’s hearing, the magistrate should determine if accused can speak and understand English, or if the defendant is deaf.   After making such determination, the magistrate shall, in an appropriate manner consistent with Texas Code of Criminal Procedure Articles 38.30 and 38.31, perform the duties set forth at Art. 15.17, Texas Code of Criminal Procedure, together with any other duties required by state or federal law.

 

7. The magistrate shall advise the arrested person of the accusation against him/her and any affidavit filed therewith.Additionally, the magistrate shall admonish the accused of: The right to retain counsel; The right to remain silent; The right to have an attorney present during any interview with peace officers or attorneys representing the state; The right to terminate an interview at any time; The right not to make a statement and that any statement made by the accused may be used against him/her; and The right to an examining trial.

 

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

 

9. The magistrate shall inquire as to whether the accused is requesting that counsel be appointed.The magistrate shall provide the accused persons requesting appointed counsel with necessary forms for requesting appointment of counsel and ensure that reasonable assistance in completing required forms is provided to the accused at the time of the magistrate’s hearing.

 

10. If the arrested person is indigent and requests the appointment of counsel, the magistrate shall, without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, transmit or cause to be transmitted to the Court or the Courts' designee any forms or other information provided by the arrested person as may be necessary for appointment of counsel as set forth in this plan. The Court or the Courts' designee shall make available to the arrested person the forms necessary for the appointment of counsel as set forth in this plan, and shall ensure that the arrested person is provided reasonable assistance in completing said forms.

 

11. For persons arrested on out-of-county warrants, the magistrate shall inform the person arrested of the procedures for requesting appointment of counsel and ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time. If the person requests the appointment of counsel, the magistrate shall, without unnecessary delay but not later than 24 hours after the person requested the appointment of counsel, transmit, or cause to be transmitted, the necessary request forms to the Court or the Courts' designee authorized under Article 26.04 to appoint counsel in the county issuing the warrant.

 

12. If the magistrate has reason to believe the accused is not mentally competent, the magistrate shall enter a request for counsel on behalf of the accused. Such a request will alert the appointing authority that counsel competent to represent mentally ill persons should be appointed.

 

13. The magistrate shall set the amount of bail and any conditions of bond for the accused, if bail is allowed by law and has not been recommended by the court or magistrate issuing a warrant.

 

14. The magistrate shall record the following:

1. The date and time the accused was arrested and the date and time when he/she was brought before the magistrate.

 

2. Whether the magistrate informed the accused of the right to request appointment of counsel and asked the accused whether he/she wants to request counsel.

        c.  Whether the accused requested appointment of counsel.

           

15. If a request for counsel was made at magistration, the appointing authority shall forward the magistrate form and any other forms requesting appointment of counsel to the appropriate clerk to be put into the case file.

 

16. If a request for counsel was not made at magistration, the magistrate will forward the magistrate form to the clerk to be put into the case file.

II.     Indigence Determination Standards

Criteria for Indigence

1. Definitions:

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

b. “Net household income" means all income of the defendant and spousal income actually available to the defendant. 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 defendant has no income or lesser income.

c. “Non-exempt assets and property” means cash on hand, stocks and bonds, and accounts at financial institutions.

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

e. “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.

 

2. Financial Standards for Determining Indigence:

The Court or the Court’s designee making court appointments of counsel for indigents shall consider the following standards for determining indigence and such other reasonable factors as the Court finds bearing on financial inability of a defendant to retain counsel:

a. Defendant’s income from any and all sources;

b. Sources of the defendant’s income;

c. Assets of the defendant;

d. Property owned by the defendant, or in which the defendant has an interest;

e. Outstanding obligations of the defendant;

f. Necessary expenses of the defendant;

g. The number and age of the defendant’s legal dependents;

h. Spousal income available to the defendant; and

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

j. The Court or the Court’s designee shall not consider whether the defendant has posted bail, except to the extent that it reflects on the defendant’s financial circumstances.

 

3. Application Process:   Persons who request a determination of indigency and appointment of counsel shall:

a. Complete under oath the Affidavit of Indigency (see plan documents) concerning financial resources, or such substantially similar Application as may be approved by the Court; or

b. Respond under oath to an examination regarding his financial resources by the judge responsible for determining whether the defendant is indigent; or

c. Complete the Affidavit of Indigency and respond to examination by the judge.

 

4. Determination of Indigence:  A defendant shall be considered indigent if the person falls within any of the following criteria, as established by evidence deemed competent and reliable by the court:

a. Poverty Guidelines. The accused/defendant’s net household income is at or below the most recently published Federal Poverty Guidelines, as determined by the U.S. Department of Health and Human Services and published annually in the Federal Register. See, http://aspe.hhs.gov/poverty/index.shtml.

b. Governmental Assistance. The defendant or the defendant's dependents have been determined to be eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.

c. In Custody. The defendant is currently serving a sentence in a correctional institution, is currently held in custody and unable to post bail, is currently residing in a public mental health facility, or is the subject of a proceeding in which admission or commitment to such a mental health facility is sought.

d. Other Factors. A defendant who does not meet any of the financial standards above shall nevertheless be determined indigent if the defendant is otherwise unable to retain private counsel without substantial hardship to the defendant or the defendant's dependents, taking into account the nature of the criminal charge(s), the anticipated complexity of the defense, the estimated cost of obtaining competent private legal representation for the matter charged, and the amount needed for the support of the defendant and the defendant's dependents.

e. Factors NOT to be considered in determining indigence:  The accused’s posting of bail or ability to post bail may not be considered in determining whether the accused is indigent; and the resources available to friends or relatives of the accused may not be considered in determining whether the accused is indigent.

 

5. Partial Indigence:  Pursuant to Art. 26.05 (g), if the Court finds that the defendant is employed, and has financial resources that enable him to offset in part the costs of the legal services provided, the court may order that the defendant pay during the pendency of the charges the amount that it finds the defendant is able to pay. Failure to make payments as required may result in the dismissal and discharge of the attorney appointed.

 

6. Employment of Retained Counsel:   A defendant that retains counsel following the appointment of counsel may be required to repay the costs of the court-appointed legal services provided.

 

7. Indigence Proceedings:   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.  Information gathered for determining indigence, both in the affidavit of indigence and through oral examination, may not be for any purpose other than:

a.      Determining if accused is (or is not) indigent; or

b.      Impeaching direct testimony of accused regarding the accused’s indigence.

 

A request by the appointing authority for additional information, documentation, and/or verification cannot delay appointment of counsel beyond the timelines specified in these rules and contained in Code of Criminal Procedure article 1.051.   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.  

 

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 may 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.

1. Minimum Attorney Qualifications

The Judges hearing misdemeanor criminal cases shall establish attorney appointment lists for the following categories of offenses. Attorneys may apply for and be placed on multiple lists.

Misdemeanor Qualification Requirements:  To be eligible for the misdemeanor criminal appointment list, an attorney must meet the following minimum requirements:

1. Attorneys must be licensed to practice law in the State of Texas.

2.  Attorneys must be members in good standing with the State Bar of Texas.

3.  Attorneys 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.

4. Attorneys must not have been found by any court to have engaged in professional misconduct within the last three (3) years.

5. Attorneys must complete at least six (6) hours of CLE in criminal law each year. This requirement shall be waived for the initial application process. All attorneys must file with the Court a copy of their Continuing Legal Education annual report form (or a list of CLE completed if the attorney has been licensed less than one year) no later than December 30th of each year. Such report shall reflect a minimum of six (6) hours in criminal law. The annual reporting year for compliance with CLE shall be from January 1 – December 31 of the year prior to the attorney’s application. Those attorneys who fail to comply with the CLE provisions of the Plan will be removed from the Misdemeanor Appointment List on January 16th of each year unless good cause is shown not to do so.

6. Attorneys must maintain an office capable of receiving email, fax, and telephone calls.

7. Attorneys must have the ability to produce typed motions and orders

8. Attorneys must complete an application/affidavit and provide all relevant information to be considered for inclusion in this Plan.  All attorneys must ensure all information provided on their applications is correct.

9.  Attorneys applying for inclusion in this Plan agree to be bound by and accept as a condition of appointment the schedule for Court-appointed attorney’s fees set forth in this Plan.

10. Attorneys are required to act with competence, commitment and dedication to the interest   of the accused/defendant and with zeal in advocacy upon their behalf.

11. Attorneys are under an independent and ethical duty to supplement their application/affidavit with information that may affect their eligibility for court appointments under this Plan.

12. 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 and a copy provided to the Court.

Appeal Qualification Requirements:  To be eligible for the misdemeanor criminal appointment list, an attorney must meet the following minimum requirements:

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

2.   Have personally authored and filed at least three 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.

Approval for Appointment Lists:  An attorney meeting all the qualifications under the Plan must be approved by the Statutory County Court Judge(s) hearing criminal cases

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 Statutory County Court Judges and in accordance with the procedures set forth in this Plan.  Any attorney found to have been ineffective in representing a client in a criminal matter shall be removed from the Appointment List immediately by the Statutory County Court Judge(s) hearing criminal cases and said attorney shall not be eligible for reinstatement to the Appointment List until the next approval of the list of qualified attorneys or other action by the Statutory County Court Judge(s);

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. 

2.  An attorney who was removed from the appointment list for not submitting the attorney's annual practice time report may be immediately reinstated upon submission of the report so long as the attorney otherwise meets the other qualifications under this Plan. 

3.  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. 

Duties/Responsibilities Of Attorneys

1.  Appointed attorneys shall make every reasonable effort to contact the defendant not later than the end of the first working day after the date on which the attorney is appointed and to interview the defendant as soon as practicable after the attorney is appointed. If the defendant is incarcerated, the attorney must meet with the defendant in person no later than 14 days from the date of appointment, or prior to the first court appearance whichever is earlier.  If the defendant is not incarcerated, the attorney should meet with the defendant prior to the first scheduled court date following the appointment of counsel. 

2. Attorneys are appointed to represent an indigent defendant until the defendant is acquitted, appeals are exhausted, or the Court, after entering a finding of good cause on the record, relieves the attorney and/or replaces the attorney with other counsel.

3. Appointed attorneys are responsible for ascertaining whether an indigent client has a pending felony or is subsequently charged with a felony offense to which another attorney has been appointed. If this occur, the misdemeanor attorney shall immediately inform both the misdemeanor court or the court’s designee and the attorney appointed in the felony matter of such circumstance in writing. Upon receipt of such notification, the court will determine whether a substitution of counsel should be effected. The court will notify both attorneys of its determination. If the court determines that the indigent defendant should be represented in the misdemeanor matter by the attorney appointed in the felony matter, the misdemeanor attorney shall immediately make arrangements for an orderly transfer of his/her file(s) to the felony attorney and submit to the appropriate misdemeanor court a fee voucher for services rendered up to the date of substitution of counsel.

4.  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. 

5. 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.

6. Be prepared to negotiate with the prosecutor for the most favorable resolution of the case as can be achieved through a plea agreement, be prepared to try the case to conclusion either with or without a jury, 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,

7.  Maintain reasonable communication and contact with the client at all times and keep the client informed of the status of the case; 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 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.

8. 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.

V. Prompt Appointment Of Counsel

     1.  Prompt Appointment of Counsel

a. Appointment Authority.  Determination of indigency and appointment of counsel under this Plan may be made by the Court or the Court’s Designee.  If the case has been filed, the appointing authority is the trial court in which the case is pending or such Court’s Designee. If no case has been filed in the trial court, the appointing authority for misdemeanors is the Local Administrative County Court at Law Judge or such Judge’s Designee. 

b. Persons in Custody. After receiving notice from the magistrate that an arrested person has requested the appointment of counsel, the Court or Court’s designee for the County Courts at Law shall review the Affidavit of Indigency and such other information bearing on the financial status of the defendant and make a determination of indigence status and appoint counsel not later than the end of the third working day after the date on which the Court or Court’s designee receives the request, or, if later, within the time frame set forth in the Texas Code of Criminal Procedure. Working day means Monday through Friday, excluding official state holidays.  Counsel must be appointed whether or not a case has been filed in the trial court.

c. Persons Not in Custody. For persons out of custody, counsel will be appointed for persons determined to be indigent at defendant's first court appearance or when adversarial judicial proceedings are initiated, whichever comes first.

d. Persons in county arrested on out of county warrant:  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

e.  Persons arrested out of county on San Patricio County misdemeanor warrants:  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.

f.  Request prior to initial appearance:  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 Court or the Court’s designee. The defendant may submit these forms to the Court or the Court’s designee.  The court will rule on all requests for counsel submitted in this manner.

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

1. 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.
2. 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.
3. 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:
      1. Has been given a reasonable opportunity to retain counsel; or
      2. Waives or has waived the opportunity to retain private counsel.
   3. Waiver of the Right to Counsel:
      1. A defendant may voluntarily and intelligently waive the right to counsel.
      2. A waiver obtained in violation of this Plan is presumed invalid.
      3. 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)”

4. 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.

4.  Notification of Appointment:  At the time the Court or Court’s designee finds that the defendant is indigent and appoints an attorney, the Court or the Court’s designee shall notify both the defendant and attorney.  If the defendant is in custody, a copy of the Notice of Appointment shall be delivered to the San Patricio County Sheriff to be provided to the defendant. If the defendant is not in custody, the Notice of Appointment shall be provided directly to the defendant.  The appointed attorney shall ordinarily be notified of the appointment by email, but any other method of notification deemed expedient by the Court may be used in appropriate circumstances. At the time of the appointment, the attorney shall be informed whether the defendant is or is not in the custody of the San Patricio County Sheriff.

VI.   Attorney Selection Process

1.   Misdemeanor Appointment List

All attorneys meeting the qualifications for appointment and who have been approved by the County Court at Law Judge shall be placed on the Misdemeanor Appointment List. Application shall be made in writing on a form approved by the Judge.

2.  Allocation of Appointments

Attorneys shall be appointed from the Misdemeanor Appointment List using a system of rotation. The appointing authority will appoint the attorney whose name is first on the list in the order in which the attorneys’ names appear, unless the Court makes a finding of good cause on the record for appointing an attorney out of order. 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.  Once appointed, an attorney’s name will be moved to the bottom of the appointment list.

3.   Appointment by rotation shall not be required in the following circumstances

a.   An attorney previously appointed to represent an accused/defendant that has a pending misdemeanor case shall also be appointed on any subsequent misdemeanor case(s) that the defendant might have prior to the completion of the initial appointment.

b.   If an accused/defendant has a pending felony charge/case, then the Court or the Court’s designee may appoint the attorney that is representing the accused/defendant on the felony charge/case.

c.  If the Court or the Court’s designee determines that the defendant does not speak and understand the English language or that the defendant is deaf, the Court or the Court’s designee shall make an effort to appoint an attorney who is capable of communicating in a language understood by the defendant. 

d.  Other good cause exists for varying from the list.

4. Judicial Removal from Case:  The judge presiding over a criminal case may remove appointed counsel upon entering a written order showing good cause for such removal, including without limitation, the following:  Counsel’s failure to appear at a court hearing;  Counsel’s failure to comply with the requirements imposed upon counsel by this plan;  Current information about the defendant and the charges against the defendant indicate that another qualified attorney is more appropriate for the defendant under these rules;  The appointed counsel shows good cause for being removed, such as illness, workload or scheduling difficulties;  The defendant requests an attorney, other than trial counsel, for appeal; or  The defendant shows good cause for removal of counsel, including counsel’s persistent or prolonged failure to communicate with the defendant. 

5. Appointment of Replacement Counsel:  Whenever appointed counsel is removed under this section, replacement counsel shall immediately be selected and appointed in accordance with the procedures described in this plan.

VII.       Fee And Expense Payment Process

1. Compensation Rate: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.

2.    Payment Process:  No payment of attorney’s fees will be made other than in accordance with the rules set forth below.  An appointed attorney shall fill out and submit a fee voucher to the court for services rendered.  The trial judge presiding over the proceedings shall review the request for compensation and either approve or disapprove of the amount requested.  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.  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.

3. Reimbursement of Expenses:  Prior court approval should be obtained before expenses are incurred.  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 prior approval shall be paid according to the procedures set forth in Article 26.052(f) and (g) or 26.052(h) as applicable.

4. Partial Payments. Except for good cause shown, no partial payment or advance payment will be made on cases. However, payment for the trial court disposition may be made pending appeal. Payment for services performed on appeal would then be made at the conclusion of all appeals.

5. Appeals. Application for payment for preparing and filing briefs on appeal shall be submitted at the conclusion of all appeals. The application for payment shall be submitted to the presiding trial court judge. A copy of each brief prepared shall be submitted with the application for payment.

VIII. Rules For The Appeal Of A Trial Court’s Disapproval Of Requested Court-Appointed Attorney’s Fee

Appeals of a trial court’s disapproval of requested court-appointed attorney fees are governed by Article 26.05(c), Code of Criminal Procedure and the Rules promulgated by the Council of Judges of the First Administrative Judicial Region, which rules are available at www.txcourts.gov/1ajr Plan Documents.

IX. Procedures For Removal Of Attorneys From The Misdemeanor Appointment List

1. Grounds for Removal. An attorney may be removed from the appointment list if the attorney:

a. 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;

b. Has submitted a claim for legal services not performed as specified in Article 26.05(e), Code of Criminal Procedure;

c. Fails to maintain compliance with each of the appointment list guidelines:

d. Has been found by a court to have provided ineffective assistance of counsel;

e. Has violated a rule of professional responsibility;

f. Has been convicted of or received a deferred adjudication for any offense, other than an offense punishable by a fine only;

g. Is under indictment or being formally charged with an offense, other than an offense punishable by a fine only;

h. Has intentionally misrepresented statements on the application for the appointment list;

i. Fails to comply with the CLE provisions of this Plan; or

j. Other good cause shown.

2. Referral. If a judge believes that an attorney has violated any of the provisions listed in the paragraph above, the judge may refer an attorney to the board of judges 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.

3. Notification/Hearing. Upon receiving an attorney referral, the board of judges 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 will meet to discuss the referral and give the attorney an opportunity to respond to the referral in writing or in person or both.

4. Action. After the board of judges meets and gives the attorney an opportunity to be heard, the board of judges shall determine whether the attorney should:

a. remain on the appointment list at the same level;

b. move to an appointment list for indigent defendants charged with less serious offenses; or

c. be removed from the appointment list altogether.

5. Additional. 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 present. In addition, the majority of the judges 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 ordering the removal may require the completion of rehabilitative measures as a condition of probation or reapplication. An order of removal shall state the earliest date at which the attorney may apply for reinstatement. An attorney who was removed from an appointment list shall be immediately reinstated upon providing proof that the charges were dismissed or that the attorney was acquitted, unless other grounds for removal that would prohibit reinstatement exist. The decision of the board of judges is final and may not be appealed.

X.  Court’s Designee

The Judge for each County Court at Law shall either designate a person for the timely and fair appointment of counsel for indigent persons accused of a misdemeanor offense in San Patricio County, or perform said duties personally.  The Court's Designee shall appoint counsel for indigent defendants in accordance with the terms of this plan.

XI.  Annual Review Of Eligible List Of Court Appointed Counsel

On or before January 10th of each calendar year, the Judge shall annually review and reform the list of attorneys eligible as court appointed counsel for the county and cause same to be posted outside the San Patricio County Clerk's office and made available to the public upon request.

To be considered for inclusion on the List of Attorneys Eligible for Appointment of Person Accused of Misdemeanor Offenses, an attorney must meet the CLE requirements specified in the Plan and provide written verification of the required CLE to the Judge for the San Patricio County Court at Law by December 20th of each calendar year. 

San Patricio County Court Affidavit of Indigence.pdf (6/10/2019 4:34:59 PM) view
San Patricio County Court Attorney Fee Schedule.wpd (4/13/2010 2:26:10 PM) view
San Patricio County Court Attorney Fee Voucher.pdf (6/10/2019 4:35:41 PM) view
San Patricio County Court Waiver of Counsel.pdf (6/10/2019 4:35:25 PM) view