Standing Order of All Courts with Criminal Case Jurisdiction

in the 32^nd Judicial District of Texas

 

 

 

 

 

 

            Effective the 1st day of January, 2020, all of the Judges with criminal law jurisdiction from the 32^nd Judicial District, do hereby adopt and enter the following as the 32^nd Judicial District Indigent Defense Plan.

 

 

Glen N. Harrison                    David C. Hall

____________________________         ___________________________

Glen N. Harrison                                       David C. Hall

Judge, 32^nd Judicial District Court             Judge, 1st Multicounty Court at Law

 

 

Whitley May                          Ken Holt

____________________________         ___________________________

Whitley May                                              Ken Holt

Judge, Nolan County Court                      Judge, Fisher County Court

 

 

Mike Redwine

____________________________

Mike Redwine

Judge, Mitchell County Court

 

 

*Exemplar signatures only, original standing order signed as approved.

 

 

 

 

 

 

THE MAGISTRATION AND APPLICATION PROCESS

 

Arrest and the Prompt Appearance Before a Magistrate

 

An arrest occurs when an individual is placed in custody by, or otherwise detained and no longer free to leave the presence of, law enforcement.  The law enforcement officer making the arrest and/or any officer who later has custody of an accused shall ensure that the accused is taken before a magistrate without unnecessary delay, but not later than 48 hours after the accused is arrested, for proceedings consistent with the requirements of Article 15.17 of the Texas Code of Criminal Procedure.

 

Determination of Probable Cause by a Magistrate for Warrantless Arrests

 

An individual who is arrested for a misdemeanor offense without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24^th hour after arrest if a Magistrate has not determined whether probable cause exists to believe that the person committed the offense.  If the accused is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the accused must be released on personal bond.

 

An individual who is arrested for a felony offense without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48^th hour after arrest if a Magistrate has not determined whether probable cause exists to believe that the person committed the offense.  If the accused is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the accused must be released on personal bond.

 

Upon the filing of an application by the attorney for the State, a Magistrate may postpone the release of an accused for not more than 72 hours after the time of his/her arrest.  The application must state the reason a magistrate has not determined whether probable cause exists to believe that the accused has committed the offense for which he or she was arrested.

 

Duties and Responsibilities of a Magistrate

 

The Magistrate shall make an initial determination as to whether or not sufficient probable cause exists to believe that the accused committed the offense.  If the Magistrate makes a determination that sufficient probable cause does not exist to believe the accused committed the offense, the Magistrate shall order his/her immediate release.

 

If the Magistrate makes a determination that sufficient probable cause does exist to believe the accused committed the offense, the Magistrate shall admonish the accused consistent with the requirements of Article 15.17(a) of the Texas Code of Criminal Procedure. 

 

A copy of the Finding of Probable Cause, Magistrate's Warning and Order Setting Bail is attached hereto as Model Form B.

 

Before admonishing, the Magistrate shall make a determination as to whether or not the accused speaks and understands English or is deaf.  If the Magistrate determines that the accused does not speak or understand English, or is deaf, then the Magistrate shall proceed to provide the Magistrate's Warning  in a manner consistent with Articles 38.30 and 38.31 of the Texas Code of Criminal Procedure.  

 

A copy of the statutory Procedures for Defendants Who Do Not Speak or Understand English is attached hereto as Model Form C. 

 

If the Magistrate determines that the accused does speak and understand English, the Magistrate shall inform the accused in clear language of:

 

1.    the nature of the accusation and of any affidavit filed therewith,

2.    the right to be represented by counsel,

3.    the right to retain counsel,

4.    the right to request an Application for Determination of Indigence and Request for Counsel, together with the procedures for completing the Application,

5.    the right to remain silent,

6.    the right to have an attorney present during any interview with peace officers or attorney's representing the state,

7.    the right to terminate interview at any time,

8.    the right to an examining trial, if applicable,

9.    right not to make a statement and informing the accused that any statement made, unless privileged, may be used against him/her later in trial,

10. allow the accused arrested reasonable time and opportunity to consult counsel, and

11. shall admit the accused arrested to bail, if allowed by law.

 

After ensuring that the accused understands the nature of the charge, his/her rights and the admonitions contained within the Magistrate's Warning,  including but not limited to his/her right to counsel and the procedure to apply for court-appointed representation, the Magistrate shall complete and sign the Magistrate's Certification, certifying that:

 

1.    The law enforcement agency having custody of the accused has brought the accused before the Magistrate not later than the time provided by law,

2.    The Magistrate has informed the accused of his/her rights, the right to request counsel, if indigent, and the procedures for requesting appointment of counsel;

3.    If the accused does not speak and/or understand the English language or is deaf, the Magistrate has informed the accused in a manner consistent with the requirements of Article 38.30 or Article 38.31 of the Texas Code of Criminal Procedure;.

4.    That the Magistrate has provided all reasonable assistance necessary in completing the forms requesting appointment of counsel; 

5.    A record, written, electronic recording or otherwise has been prepared in accordance with the law, signed by the Magistrate, the accused and a witness, a copy of which was provided to the accused; and

6.    Whether or not the accused has made an initial decision to be represented by counsel, and if so, whether the accused intended to attempt to retain counsel or to make application for court-appointed counsel.

 

A copy of the Magistrate's Certification is attached hereto as Model Form D.

Requests for counsel made by persons arrested on out-of-county warrants must be transmitted to the appointing authority of the county issuing the warrant within 24 hours of the request being made.

DETERMINATION OF INDIGENCE AND APPOINTMENT OF COUNSEL

 

Determination of Indigence

 

Upon receipt of a completed Application, the Court shall, within three (3) days of the date the Application was received by the Court, make a determination of indigence.   In determining indigence, the Court shall consider whether or not the accused is currently receiving government benefits based on indigence, including but not limited to, Medicaid, Medicare and Food Stamps.    If the Court determines that the accused currently participates or otherwise receives benefits based on a Federal or State program which has previously determined the accused to be indigent, or if the Court determines that the net income of the accused falls below 150% of the current Federal Poverty Guidelines (www.ocpp.org.poverty) the Court shall appoint Counsel.

 

If, however, the accused does not otherwise qualify under the provisions set forth above, the Court may otherwise evaluate the Application in making a determination of indigence, considering the following:

 

1.    the defendant's income,

2.    source of income,

3.    assets,

4.    property owned,

5.    outstanding obligations,

6.    necessary expenses,

7.    the number and ages of dependents, and

8.    spousal income that is available to the defendant.

 

After evaluating these additional factors, if the Court determines that the applicant is indigent, partially indigent or that the interest of justice requires that Counsel be provided, the Court shall timely appoint counsel to represent the accused as provided herein.

 

An accused determined by the Court to be indigent, is presumed to remain indigent for the remainder of the proceedings in the case unless a material change in financial circumstances occurs.  A party may move for reconsideration of an indigence determination.

 

Reimbursement Order

 

Pursuant to Art. 26.05(e) & (f) of the Texas Code of Criminal Procedure, if the Court determines that the applicant has financial resources that enable the applicant to offset in part or in whole the costs of the legal services provided, including any expenses and costs, the Court may order the applicant to pay the amount that the Court finds the defendant is able to pay. 

 

Copies of the Reimbursement Order and Explanation of the Reimbursement Order are attached hereto collectively as Model Form G.

Attorney's Certification and Request to Represent Indigent Defendants

 

All attorneys who maintain an office for the private practice of law within the 32^nd Judicial District, together with all attorneys who maintain an office outside this Judicial District and desire to be considered for court-appointments, shall complete and file with the District Court an Attorney's Certification and Request to Represent Indigent Defendants, (hereinafter sometimes referred to as "Attorney's Certification") designating from which, if any, of the Courts in this District counsel seeks appointments. Upon receipt, the 32^nd Judicial District Judge shall provide copies to all Courts within the District for which counsel seeks appointment.

 

The office for the 32^nd Judicial District Court is:

 

 32^nd Judicial District Court

100 E. 3^rd Street, Suite 204A

Sweetwater, Texas 79556. 

 

A copy of the Attorney's Certification and Request to Represent Indigent Defendants is attached hereto as Model Form A. 

 

 

Qualification of Counsel

 

 To initially qualify to represent indigent defendants within the 32^nd Judicial District, counsel must:

 

(1)   be licensed by the Supreme Court of the State of Texas;

(2)   be in good standing with the State Bar of Texas;

(3)   have fully completed, signed and filed an Attorney's Certification with the Office of the 32^nd Judicial District Court;

(4)   have engaged in the practice of law for a minimum of one year, or otherwise be supervised by, or in association with, an attorney who has been in private practice for a minimum of at least one year as of the date the Attorney's Certification is filed with the Court;

(5)   have completed no less than 6 hours of criminal law continuing legal education in the preceding 12 month period;

(6)   receive no less than six (6) hours continuing legal education in criminal law each year thereafter;

(7)   initiate a contact with the defendant within twenty-four (24) hours of receiving notice of an appointment;

(8)   interview the defendant, in person or by phone, as soon as practicable after receiving notice of the appointment, understanding that an interview within ten (10) calendar days of receipt of the appointment will be deemed presumptively reasonable; and

(9)   timely attend all pre-trials and hearings, unless otherwise granted a "pass" or "continuance" in advance by the appropriate Court.

 

Certification of Criminal Indigent Defense Practice

 

 Attorneys appointed under this plan to represent indigent defendants must electronically submit by October 15 of each year the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in Fisher, Mitchell and Nolan counties for adult criminal and juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30. 

Transmittal Requirements for Completed Application

 

Upon receipt of a completed Application from the accused, the Magistrate, the Jail Administrator, Clerk of the Court or their designated deputies shall document on the final page of the Application, the date and time the completed Application was returned by the accused.  The Magistrate, Jail Administrator or Clerk of the Court, or their designated deputies, shall thereafter complete and attach a transmittal sheet to the Application, forwarding the Application to the Judge of the appropriate Court with jurisdiction over the case pending against the accused.

 

A copy of the Magistrate’s/Jailer’s/Clerk’s Transmittal Sheet is attached hereto as Model Form F.

 

The completed Application must be transmitted and/or delivered to the appropriate Court within twenty-four (24) hours of the receipt by the Magistrate, Jail Administrator, Clerk of the Court, or their designated deputies. Should the completed Application be received by the Magistrate, Jail Administrator or his/her deputies, over a weekend or official Court holiday, then the Application must be transmitted and/or delivered to the Court on the first business day immediately following the weekend or holiday. Delivery of the completed Application to the Court may be by personal delivery to the Court's office chambers, by fax, or in the event the charges pending are outside of Nolan County, Texas, by mail to the attention of the appropriate Court.

 

If the accused is charged with both misdemeanor and felony offenses within the 32^nd Judicial District, the Application will be transmitted and/or delivered to the office of the 32^nd Judicial District Court, and, provided the District Court makes a determination of indigence and appoints counsel, the Clerk of the District Court shall immediately thereafter forward a copy of the Application, together with a copy of the District Court's order appointing counsel, to the Judge with jurisdiction over the misdemeanor charge.   Absent a finding of good cause, the Judge with jurisdiction over the misdemeanor charge shall immediately appoint the same counsel designated by the District Court's order appointing counsel, to provide the accused with one attorney with which to resolve all criminal cases pending in the District. 

 

Persons Appearing in Court Without Counsel

 

Persons who appear in court without counsel will be advised of the right to counsel and the procedures for obtaining counsel.

 

Notification of Granting/Denying Appointment of Counsel

 

Once the Court makes a determination of indigence, the Court, the Court shall immediately forward a copy of the Indigence Determination and Order Denying/Granting Application for Counsel to:

 

1.    the accused,

2.    the County Jail,

3.    the appropriate prosecutor's office, and

4.    the appointed counsel.

 

If the Court appoints counsel, then at the bottom of the order appointing counsel, the Court shall:

 

1.    designate whether or not the accused remains in jail;

2.    if released on bond, designate the bonding company; and

3.    designate the mailing address provided by the accused in his/her Application.

 

Indigient persons arrested in other counties on local warrants must be appointed counsel within 3 working days of receipt of the request for appointed counsel.  Persons arrested on out-of-county warrants must be appointed counsel if the person has not been transferred or released to the custody of the county issuing the warrant before the 11th day after the date of the arrest.

A copy of the Indigence Determination and Order Denying/Granting Application for Counsel is attached hereto as Model Form H.

 

Attorney's Obligation Upon Receipt of Notice of Appointment

 

Upon receipt of notification of appointment, the appointed counsel shall:

 

1.    make every reasonable effort to contact the accused not later than the end of the first working day after the date on which the attorney receives notice of appointment;

2.    conduct an interview with the accused, whether by phone or in person, as soon as practicable after the attorney is appointed; and

3.    represent the accused until charges are dismissed, the accused is acquitted, appeals are exhausted, or the attorney is relieved of his duties by the court or replaced by other counsel.

 

Counsel's interview with the accused shall be presumed timely if conducted within ten (10) days of the date the Order Appointing Counsel is signed by the Court.

Creation of Court's Appointment List(s)

 

Each Court shall appoint an attorney from an appointment list using a system of rotation, of those qualified attorneys who properly request to be considered for appointment and who meet or exceed the objective qualifications set forth above. The procedures must be consistent with Art. 1.051, 15.17, 26.05 and 26.052 of the Texas Code of Criminal Procedure. 

 

Recognizing that every counsel may not request appointment to all types of cases, (e.g. misdemeanor, felony, juvenile, civil contempt and appellate), each Court may create more than one list, as the Court deems necessary, to better manage their respective appointment process.  

 

Each Court shall appoint attorneys from among the next five names on its appointment list(s) in the order in which the attorney's names appear on the list, 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.

 

If the Court finds it necessary to deviate from the rotation, deviation is presumed to be for "good cause" if the appointment was made to:

 

1.    appoint the same counsel as appointed in another pending case involving the same defendant;

2.    appoint the same counsel in a probation revocation matter that represented the defendant at the time of the initial plea or prior proceeding in the underlying case;

3.    provide a non-English speaking defendant with counsel who is capable of communicating in a language understood by the defendant; or

4.    provide immediate representation under exigent circumstances.

 

Removal from Court's Appointment List

 

An attorney may voluntarily request removal from any or all of the Courts' rotating appointment lists at any time.  If such removal is requested, the attorney shall remain responsible for all cases for which the attorney was appointed prior to the request, unless otherwise released by order of the Court.  

 

An attorney may be involuntarily removed from a Court's appointment list at the Court’s sole discretion.  Good cause is presumed when counsel fails to meet the qualifications for appointments set forth above, neglects his/her client or otherwise fails to provide effective representation.  The Court shall remove the attorney from all pending court-appointed representations and shall provide the attorney with a copy of each order, together with written notification that the attorney has been removed. 

 

If an attorney is involuntarily removed from one or more appointment lists, the attorney may not re-apply to be reinstated on that Court's appointment list for a period of six (6) months from the date of removal.

Capital Felony Cases

           i.  The Regional Public Defender for Capital Cases shall be appointed to all capital felony cases in counties that participate in the regional office unless the court makes a finding of good cause on the record to appoint private counsel.

1. If a co-defendant requests appointment of counsel and is determined to be indigent, the Appointing Authority shall appoint counsel pursuant to the standards and procedures stated in this Section.

2. If private counsel is appointed to a co-defendant, rather the Regional Public Defender for Capital Cases, co-counsel will be appointed using the standards and procedures stated in this Section.

ii. The Regional Public Defender for Capital Cases may refuse to accept appointment to a case if:

1. A conflict of interest exists;

2. The Office has insufficient resources to provide adequate representation;

3. The Office is incapable of providing representation in accordance with the rules of professional conduct;

4. Acceptance of the appointment would violate the maximum allowable caseloads established for the office; or

5. The Office shows other good cause for refusing appointment.

iii. The Appointing Authority shall immediately contact the attorneys appointed by phone, fax, e-mail or in person and notify the attorneys of the appointment and the last known location of the defendant.

 

 

COMPENSATION FOR ATTORNEY’S FEES, SUPPORT STAFF AND EXPENSES

 

Compensation of court-appointed counsel and related expenses, made pursuant to a motion in the format prescribed by the appointing court, shall be as follows:

 

Felony and Non-Felony Cases

                               

FEE SCHEDULE

 

Compensation for time in the representation of indigent defendants shall be as follows:

 

DISTRICT COURT

FELONY & NON-FELONY CASES

1. Reasonable and necessary attorney fees will be determined by the Court on a case-by-case basis. Accordingly, attorney fees will be compensated at a rate between $75.00-$90.00 per hour for out of court time, and between $100.00-$125.00 per hour for in Court time. The base rate for felony criminal plea is $650.00 unless the attorney receives prior approval from the Court.

 

2. Professional Staff fees shall be compensated at the rate of twenty-five dollars ($25.00) per hour.

 

3. Special Prosecutor will go by same fee schedule as stated in #1.

 

Capital Case Compensation

 

In a capital case in which the State seeks the death penalty, the rate for the lead attorney’s services (first chair) shall be double the hourly rate provided above for non-capital felony attorney’s fees. Total compensation for pre-trial, trial, and post-trial services (excluding appeal) in a capital (death sought) jury trial shall not exceed FORTY THOUSAND DOLLARS ($40,000.00) without Court Approval.

 

Any co-counsel (second or third chair) appointed by the Court shall be paid at the same rate as for non-capital felony cases under this order. Total compensation for pre-trial, trial, and post-trial services (excluding appeal) in a capital (death sought) jury trial shall not exceed TWENTY THOUSAND DOLLARS ($20,000.00) without Court approval.

 

 

MISDEMEANOR COURT

 

1. Plea $300.00 Flat rate per case.
2. Jury Trial$700.00 Flat rate per case.
3. Special Prosecutor $300.00 Flat rate per case
4. Special Prosecutor $700.00 Flat rate per Jury case

 

 

 

 

Capital Case Compensation

 

In a capital case in which the State seeks the death penalty, the rates for the lead attorney's services (first chair) shall be double the hourly rate provided above for non-capital felony attorney's fees.  Total compensation for pre-trial, trial and post-trial services (excluding appeal) in a capital (death sought) jury trial shall not exceed FORTY THOUSAND DOLLARS ($40,000.00) without Court approval. 

 

Any co-counsel (second or third chair) appointed by the Court shall be paid at the same rate as for non-capital felony cases under this order.  Total compensation for pre-trial, trial, and post trial services (excluding appeal) in a capital (death sought) jury trial shall not exceed TWENTY THOUSAND DOLLARS ($20,000.00) without Court approval.

 

Reimbursement for Expenses

 

Collect Telephone Calls

 

Reasonable expenses incurred for accepting collect telephone calls originating from jail, shall be reimbursed without prior Court approval.  Accepting more than one (1) call per day, per defendant shall be presumed unreasonable, however, counsel may request payment and provide an explanation to overcome the presumption.

 

Copier Charges, Faxes & Postage

 

The Court shall reimburse counsel for reasonable and necessary copies at the rate of not more than twenty-five cents (25¢) per page, without prior Court approval.

 

The Court shall reimburse counsel for reasonable and necessary fax expenses as follows:

 

1.    Incoming faxes - at a rate of not more than twenty-five cents (25¢) per page.

2.    Outgoing faxes - at the actual rate for long distance phone charges only.

 

Expense for Mileage and Travel Time

 

The Court shall not reimburse counsel for mileage or travel time incurred by counsel in traveling to and from counsel's office to any location in the District for the purposes of representing an accused.   Through the Attorney's Certification, counsel has been afforded the opportunity to accept or reject appointment from any Court within the District.  Counsel has, by requesting to be included on a specific Court's appointment list, agreed to represent the accused in the county in which the case is pending. 

 

The Courts recognize that, due to limited local jail space, it may become necessary to transfer and detain an accused in a detention facility outside the Judicial District.  If counsel needs to consult with the accused in person, prior to incurring travel expense, counsel should contact the local Jail Administrator and request that the accused be returned to the county where the charges are pending as soon as practicable.  If, and only if, the Jail Administrator is unable to return the accused to the county jail timely, the Court shall reimburse counsel for travel time and mileage incurred, to and from the out of county detention facility.

 

For purposes of Appeal, Counsel shall be entitled to reimbursement for travel time and mileage to and from the appropriate Court of Appeals and/or the Court of Criminal Appeals for cases for oral argument on a case for which Counsel was appointed under the terms of this Plan.  Travel time and mileage will not be paid for the filing of the brief, when the filing could have been timely tendered by mail.

 

Expenses To Be Incurred In Misdemeanor Cases

 

In misdemeanor criminal cases, appointed counsel will be reimbursed for reasonable expenses incurred provided prior court approval has been granted upon motion, application and a hearing held on said motion.   Hearing may be held in open court or exparte, as justice would require. Court approved expenses may include expenses incurred for investigation and expert testimony, and will be in addition to the total compensation referred to as attorney compensation above.

 

Expenses To Be Incurred In Capital and Non-Capital Felony Cases

 

“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. Attorneys incurring expenses without prior approval of the court do so at the risk that the court will not find the expenses reasonable or necessary.”

 

Attorney’s Fee and Expense Affidavit

 

The Court shall not enter an order for compensation or reimbursement for expenses unless a proper billing statement, time sheet or motion for payment in writing, signed by counsel is presented to the Court.  In the event of protracted litigation, the Court may, in the Court’s sole discretion and upon receipt of proper documentation, enter an order for payment of interim fees and expenses.

 

(a)    Base Compensation Request:  A request for payment for attorney’s time, staff time and expenses which does not exceed the base compensation set forth above, may be provided by the Court for counsel to complete, sign and submit to expedite the billing and payment process.  If counsel options to utilize such form rather than submitting a detailed itemization, the attorney must both designate in-court and out-of-court time, together with expenses, if any, incurred.

 

A copy of the Court-Appointed Counsel’s Request for Minimum/Base Compensation is attached hereto as Model Form I.

 

Each Court will encourage their respective prosecutor’s office to incorporate this form as part of the standard plea paperwork provided to counsel on the date of hearing with all plea paperwork.

 

(b)    Payment Request Which Exceeds the Base Compensation:  Each attorney shall prepare and file with the Court a statement detailing the attorney’s time, the support staff time and any expenses incurred in the representation of the juvenile respondent.  The attorney’s time shall specifically differentiate between the amount of “in-court” and “out-of-court” time incurred on behalf of the juvenile respondent.  It is not required that the statement be in the form of a formal Motion for Payment of Attorney’s Fees and Expenses.  A time sheet or other writing, signed by counsel, which provides the required information will be deemed sufficient.

 

Orders of Compensation

 

The Court shall not enter an order for compensation without first having a request for payment or other writing tendered by counsel which fully and accurately reflects the attorney’s in-court and out-of-court time expended in the representation of the juvenile respondent, the staff time and expenses, if any.  Two separate orders of compensation have been adopted by the Courts, which are more specifically described as follows:

 

(a)        Base Compensation Order:  This order of compensation is incorporated at the bottom of the Court-Appointed Counsel’s Request for Minimum/Base Compensation to be entered only if counsel has completed and signed the request and submitted it to the Court as part of the plea papers in the case.

 

(b)        Order for Payment in Excess of Base Compensation:  In the event counsel submits a request for payment which exceeds the base compensation amount, the Court shall review the request and enter an appropriate order as follows:

 

(1)   Request for Compensation Approved:  If the trial court approves a request as presented, the Judge shall enter an Order of Compensation for Court-Appointed Counsel designating that the attorney’s fees requested should be paid in full.

 

(2)   Request for Compensation Disapproved:  If the trial court disapproves the request for compensation as presented, the Judge shall enter an “Order of Compensation for Court-Appointed Counsel” in the amount approved by the Court, and thereon make written findings stating the reasons for approving an amount different from the amount requested.  If the Court has not paid counsel the full amount requested, the court shall tender a copy of the Order of Compensation for Court-Appointed Counsel to the attorney of record in the case, for his/her review.

 

A true and correct copy of the Order of Compensation for Court-Appointed Counsel is attached hereto as Model Form J. 

 

 

 

Motion/Request for Reconsideration of Compensation Order

 

If Counsel does not believe that the compensation order entered for payment for attorney’s time, staff time and reimbursement for expenses incurred was consistent with the guidelines for compensation set forth herein, the attorney of record may file a motion/request for reconsideration of the Order of Compensation for Court-Appointed Counsel with the trial Court, providing such other documentation, together with any verified affidavit by Counsel, to supplement the original motion for payment in question. 

 

The Court shall review any additional documentation provided and render a written order to the request within five (5) business days from the date the request was received by the Court.  A failure by the Court to review and render a written order within the five (5) business days as provided herein, shall be deemed a denial of the request.

 

Appeal of Compensation Order

 

If the request for reconsideration is rendered or deemed denied, Counsel may file an appeal with the Presiding Judge of this Administrative Region, following the procedures outlined in the RULES FOR THE APPEAL OF A TRIAL COURT’S DISAPPROVAL OF REQUESTED COURT APPOINTED ATTORNEY’S FEE for the Seventh Administrative Judicial Region of Texas. 

 

A copy of the appellate rules, consisting of five pages, is attached hereto as Model Form K.

 

As of the date of the approval of this plan, the mailing address of the Presiding Judge of the Seventh Administrative Region is as follows:

 

Honorable Judge Dean Rucker

Seventh Administrative Region

200 West Wall, Suite 200

Midland, Texas 79701

 

 Administrative Judge’s Determination Final:  The Presiding Administrative Judge shall review the disapproval and determine the appropriate amount of payment.  The decision of the Regional Presiding Administrative Judge is final.  The Presiding Judge may conduct a hearing.  The Commissioners' Court shall pay to the appointed counsel the amount that is approved by the Presiding Judge, if any, not later than the 45^th day after the date an order of compensation is entered by the Administrative Judge.

TASK FORCE REPORTING REQUIREMENTS

 

Retaining Indigent Defense Records and

Reporting to the Task Force on Indigent Defense

 

When the case is fully and finally resolved and the Court has received the final billing statement from counsel, the Court shall verify that the attorney’s request includes time designations for both in-court and out-of-court services provided, together with a summary of expenses, if any, incurred by counsel in his/her representation of the indigent juvenile respondent.

 

Once the Court has verified that all required information has been provided and the compensation order has been entered, the Court shall direct the Clerk of the Court to tender a copy of the compensation order to the County Auditor.

 

Auditor's Responsibilities

 

It shall be the responsibility of the Auditor of each County to receive and maintain all of the compensation information in such a manner to facilitate the prompt and accurate filing of required information to the Task Force on Indigent Defense.   The reporting of this information to the Task Force shall be on the forms and in a manner promulgated by the Task Force, consistent with the mandate of Senate Bill No. 7.

Fisher Mitchell Nolan District and County Court Affidavit of Indigence Transmittal Page.docx (6/30/2010 11:36:11 AM) view
Fisher Mitchell Nolan District and County Court Affidavit of Indigence.docx (6/30/2010 11:31:55 AM) view
Fisher Mitchell Nolan District and County Court Attorney Application for Appointment.docx (6/30/2010 11:32:11 AM) view
Fisher Mitchell Nolan District and County Court Attorney Fee Schedule.docx (4/3/2023 3:29:42 PM) view
Fisher Mitchell Nolan District and County Court Attorney Fee Voucher.docx (6/30/2010 11:33:26 AM) view
Fisher Mitchell Nolan District and County Court Indigence Determination Order.docx (6/30/2010 11:35:22 AM) view
Fisher Mitchell Nolan District and County Court Magistrates Certification.docx (6/30/2010 11:34:53 AM) view
Fisher Mitchell Nolan District and County Court Magistrate’s Warning Form.docx (6/30/2010 11:31:36 AM) view
Fisher Mitchell Nolan District and County Court Procedures for Non-English Speaking Defendants.docx (6/30/2010 11:34:27 AM) view
Fisher Mitchell Nolan District and County Court Reimbursement Order.docx (6/30/2010 11:33:57 AM) view
Fisher Mitchell Nolan District and County Court Waiver of Counsel.docx (6/30/2010 11:52:02 AM) view