A.    Definitions, as used in this rule:

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

                              ii.            “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.

                            iii.            “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

                                i.            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  100% 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

                              ii.            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.

                            iii.            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:

                                i.            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.

                              ii.            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.

                            iii.            A request by the appointing authority for additional information, documentation, and/or verification cannot delay appointment of counsel beyond the timelines specified.

                            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.

                              v.            If the court determines that a child’s parent(s) or other person(s) responsible for the child 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 shall order the child’s parent(s) or other person(s) responsible for the child to pay during the pendency of the charges or, if found to have engaged in delinquent conduct or CINS, as court costs the amount that it finds the child’s parent(s) or other person(s) responsible for the child is able to pay.

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:

                                i.            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 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 may include activities accredited under Section 4, Article XII, State Bar Rules, self-study, teaching at an accredited continuing education activity, attendance at a law school class or legal research-based writing.  Continuing legal education activity completed during any reporting period  in excess of the minimum of six 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 4 years;

6.      An attorney must be able to receive 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.

9.   No later than October 15 of each year, each attorney must submit a written report on the form prescribed by the Texas Indigent Defense Commission describing the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in the County or District for adult criminal cases and for 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 Texas Indigent Defense Commission’s online portal.

                              ii.            CINS Charges or Delinquent Conduct, and Commitment to TYC 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 observed or participated in the following:

a.       stipulated juvenile adjudications;

b.     contested juvenile adjudications;

c.       juvenile dispositions; and

d.      detention hearings; and

4.      Participated in at least 3 criminal or juvenile trials.

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

1.      Meet General Requirements;

2.      Have a minimum 3 years of work experience in juvenile law;

3.      Participated in criminal or juvenile cases, of which at least some were 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 3 years of work experience in juvenile law;

3.      Participated in criminal or juvenile cases, of which at least one was tried to a jury verdict;

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

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. If all approved attorneys on the appointment lists are unavailable, disqualified or removed, the Presiding Juvenile Court Judge may appoint counsel and submit that attorney's name for approval at the next Juvenile Board meeting.

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

                                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 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;

                            iii.            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 personally 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;

                          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 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.

                          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.

F. Emergency Appointment: If no attorney who meets the continuing legal education or board certification requirements contained in this Subchapter is available by the time an attorney must be appointed in the case, another attorney may be appointed. The person making an appointment under this Section shall give priority to an attorney with experience in criminal or juvenile law, respectively.