Hunt County Court Plan
Preamble
10/19/2023
Hunt County Court at Law No. 1 Hunt County Court at Law No. 2
Hon. Timothy S. Linden Hon. Joel D. Littlefield
PREAMBLE
In accordance with the requirements of the Texas Fair Defense Act, Acts 2001, 77th Leg., the county court at law judges of Hunt County, Texas, hereinafter referred to as the Committee, hereby adopt the following Fair Defense Plan, hereinafter referred to as the Plan, for Hunt County Courts at Law. This Plan supersedes all other plans and standards promulgated by the county court at law judges of Hunt County.
Prompt Magistration
10/10/2024
If a person is arrested on a misdemeanor charge pursuant to a warrant, the person who has custody of the accused shall present the accused before a magistrate within 48 hours of the time of the accused person's arrest.
The magistrate shall deliver the admonishments contained in Article 15.17 of the Code of Criminal Procedure. The magistrate shall also set bail, unless bail was previously set by the magistrate issuing the warrant. The magistrate shall also inform the accused of his right to counsel and make a finding of probable cause based upon the warrant.
If necessary, an interpreter shall assist the accused during the probable cause hearing. If the accused requests an attorney, the magistrate shall provide the accused with the forms necessary for making such a request and ensure that reasonable assistance in completing the required forms is provided to the accused.
If an arrested person requests appointment of counsel and has completed the necessary forms, the magistrate shall transmit or cause to be transmitted to the appointing judge, or person(s) designated by the judges to appoint counsel, the forms requesting appointment of counsel. The forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, as stated in Article 15.17, Section (a) of the Code of Criminal Procedure. The magistrate shall make a record of:
i. Informing the accused of the accused's right to request appointment of counsel;
ii. Whether the accused wants to request appointment of counsel; and
iii. Whether the person requested court-appointed counsel.
For persons arrested in Hunt County on out-of-county warrants, the magistrate will ask the defendant if he/she would like to request appointed counsel. The magistrate will record the response, and if counsel is requested, the magistrate will provide the arrestee with the appropriate forms for requesting counsel. The magistrate will ensure assistance in completing the forms at the same time. The forms will be transmitted to the appointing authority in the county issuing the warrant within 24 hours of the request being made. However, if the defendant has not been transferred or released into the custody of the county issuing the warrant before the 11th day after the date of the arrest and if counsel has not otherwise been appointed for the defendant in the arresting county under this article, a court or the courts' designee authorized under Article 26.04 of the Texas Code of Criminal Procedure to appoint counsel for indigent defendants in the arresting county immediately shall appoint counsel to represent the defendant in any matter under Chapter 11 or 17 of the Texas Code of Criminal Procedure, regardless of whether adversarial judicial proceedings have been initiated against the defendant in the arresting county. If counsel is appointed for the defendant in the arresting county as required by this subsection, the arresting county may seek from the county that issued the warrant reimbursement for the actual costs paid by the arresting county for the appointed counsel.
For persons arrested in other counties, on Hunt County warrants, counsel must be appointed no later than the end of the third working day after the date which the court or the courts’ designee receives the defendant’s request for appointment of counsel.
If a magistrate is provided written or electronic notice of credible information that may establish reasonable cause to believe that a person brought before the magistrate has a mental illness or is a person with an intellectual disability, the magistrate shall conduct the proceedings described by Article 16.22 or 17.032, as appropriate.
If the magistrate is authorized to appoint counsel, the magistrate shall make a determination of indigence and appoint counsel if the defendant is indigent within three working days unless the County has a U.S. Census population over 250,000, in which case counsel shall be appointed within one working day.
If a person is arrested on a misdemeanor charge without a warrant, the person who has custody of the accused shall present the accused before a magistrate within 24 hours of the time of the accused person's arrest. If no probable cause finding has been made by the 24th hour after the arrest, the accused person shall be released on bond, in an amount not to exceed $5,000.00. If the person is unable to deposit money in the amount of the bond, or unable to obtain a surety for the bond, the accused person must be released on personal bond.
If the accused person is brought before a magistrate within 24 hours, the magistrate shall deliver the admonishments contained in Article 15.17 Code of Criminal Procedure and determine if there is probable cause to believe the accused person committed the offense.
If necessary, an interpreter shall assist the accused during the probable cause hearing. The magistrate shall make a finding of either "no probable cause" or a "finding of probable cause." A finding of probable cause must be based upon a sworn probable cause affidavit setting forth sufficient facts, or by incorporating a copy of the offense report. If the magistrate makes a finding of no probable cause, the accused person shall be released from custody.
If a magistrate makes a finding of probable cause, the magistrate shall inform the accused person of their right to counsel. If the accused requests an attorney, the magistrate shall provide the accused with the forms necessary for making such a request and ensure that reasonable assistance in completing the required forms is provided to the accused.
If an arrested person requests appointment of counsel and has completed the necessary forms, the magistrate shall transmit or cause to be transmitted to the appointing judge, or person(s) designated by the judges to appoint counsel, the forms requesting appointment of counsel. The forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, as stated in Article 15.17, Section (a) of the Code of Criminal Procedure.
The magistrate, upon a finding of probable cause, shall set reasonable bail and shall make a record of:
i. Informing the accused of the accused's right to request appointment of counsel;
ii. Whether the accused wants to request appointment of counsel; and
iii. Whether the person requested court-appointed counsel.
If a magistrate is provided written or electronic notice of credible information that may establish reasonable cause to believe that a person brought before the magistrate has a mental illness or is a person with an intellectual disability, the magistrate shall conduct the proceedings described by Article 16.22 or 17.032 of the Code of Criminal Procedure, as appropriate.
If the magistrate is authorized to appoint counsel, the magistrate shall make a determination of indigence and appoint counsel if the defendant is indigent within three working days unless the County has a U.S. Census population over 250,000, in which case counsel shall be appointed within one working day.
Indigence Determination Standards
10/11/2023
"Indigent" means financially unable to hire private counsel.
"Net household income" means all income of the accused and spousal income actually available to the accused. Such income shall include: take-home wages and salary (gross income earned less any deductions required by law or as a condition of employment); net self-employment income (gross income minus business expenses and any deductions required by law or as a condition of operating the business); regular payments from a government 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 will be considered on an annualized basis, averaged together with periods for which the accused has no or less income.
"Household" means all individuals who are actually dependent on the accused for financial support.
"The cost of obtaining competent private legal representation" includes the reasonable costs of support services such as investigators and expert witnesses which are necessary and appropriate given the circumstances of the case.
An accused is presumed indigent if any of the following circumstances are present:
i. The accused or the accused's dependents are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing;
ii. The accused's net household income does not exceed 125% of the Poverty Guidelines as revised annually by the United States Department of Health and Human Services and published in the Federal Register; or
iii. The accused is currently serving a sentence in a correctional institution, residing in a public mental health facility, or subject to a proceeding in which admission or
commitment to a mental health facility is sought.
An accused who does not meet any of the standards above shall nevertheless be considered indigent if the accused is unable to retain private counsel without substantial hardship to the accused or the accused's dependents. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:
i. The nature of the criminal charge(s);
ii. Anticipated complexity of the defense;
iii. The estimated cost of obtaining competent private legal representation for the matter(s) charged;
iv. The amount needed for the support of the accused and the accused's dependents;
v. Accused's income,
vi. Source of income,
vii. Assets and property owned,
viii. Outstanding obligations,
ix. Necessary expenses,
x. The number and ages of dependents, and
xi. Spousal income that is available to the accused.
The following factors are not to be considered in determining indigence:
i. The accused's posting of bail or ability to post bail may not be considered in determining whether the accused is indigent.
ii. The resources available to friends or relatives of the accused may not be considered in determining whether the accused is indigent.
iii. Only the accused's financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence.
iv. A defendant shall not be denied the appointment of counsel merely because the person is employed.
4. Other Factors that May Be Considered:
The following factors may be considered in determining indigence:
i. 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.
ii. Information gathered for determining indigence, both in the affidavit of indigence or and through oral examination, may not be used for any purpose other than:
- Determining whether the accused is or is not indigent; or
- Impeaching the direct testimony of the accused regarding the accused'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 in Section A or B of these rules and those contained in the Code of Criminal Procedure article 1.051.
iv. 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.
v. A defendant determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the defendant's financial
circumstances occurs. Counsel shall notify the Court if a material change occurs. Release from custody or change of employment status are changes which shall
be brought to the attention of the Court within 14 days.
vi. An accused's status may be reviewed in a formal hearing at any stage of a court proceeding on a motion for reconsideration by the accused or by the state.
vii. A presumption of indigence can be rebutted with evidence of a material change in the accused's financial circumstances which establishes that the accused no
longer meets any standard of indigence.
viii. If an accused previously determined to be indigent is subsequently determined not to be indigent, appointed counsel shall be compensated under the terms of this
Plan for services reasonably rendered.
ix. If a court determines that an accused has sufficient financial resources to partially or completely offset the costs of legal services provided, the court may order the
defendant to pay said amount as costs of court.
x. An accused person who is found guilty, and after all appeals, if any, are exhausted, shall be required to reimburse Hunt County a sum not more than the amount
paid by the County for the accused person’s legal services, provided however that a finding is made at the time of final disposition that the accused has the ability
to reimburse the County without substantial financial hardship. Such reimbursement shall be taxed as costs in the accused person's case, which are ordered to be
collected by the County Clerk, Collections Department, or Community Supervisions and Collections Department before all other court costs and fines.
If a defendant wishes to request counsel prior to the initial appearance and is no longer in custody, the defendant may access the necessary forms required to request counsel on the court’s website.
An attorney shall be appointed as soon as possible, but no later than the end of the third working day after the date on which the court or the court’s designee receives the defendant’s request for appointment of counsel pursuant to Article 1.051, Section (c) of the Code of Criminal Procedure.
If a defendant appears without counsel in any adversary judicial proceeding that may result in punishment by confinement, 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.
Minimum Attorney Qualifications
10/11/2023
To be eligible to receive appointments in misdemeanor cases, an attorney must:
i. Reside in or maintain his or her primary office in Hunt County
ii. Anyone not meeting the above-listed criteria may petition the Committee for an exception by notifying, in writing via email, the court coordinator of each court. An
exception may be granted upon the approval of a majority plus one of the Committee.
To be on the list of approved attorneys for misdemeanor appointments, hereinafter referred to as the List, an attorney must meet one of the following criteria:
i. Board Certification in Criminal Law by the Texas Board of Legal Specialization; or
ii. Completion of at least six months of law practice with at least one Class B misdemeanor or greater jury trial (which may be second chair) during the attorney's career and
completion of at least sixteen hours of criminal law continuing legal education in the twenty-four month period preceding application; or
iii. Demonstrate competence using other criteria to be approved by the Committee including, but not limited to, years of legal experience, board certification in areas of law other
than criminal law, number of civil and jury trials completed, number of hours of criminal law CLE and professional reputation for handling criminal cases.
An attorney who wishes to be included on the List of attorneys from which court appointments are made must submit, by email, a typewritten application to the court coordinator of each member of the Committee.
The Committee shall meet periodically to review attorney applications. A majority of the Committee is required to approve an attorney's application for inclusion on the List. If an application is rejected for placement on the List, the attorney may request to address the Committee at their next scheduled meeting or reapply after ninety days. To be approved to the List after being removed by the Committee, the attorney must receive the vote of a majority of the Committee plus one. The List shall be posted on each court’s website.
The Committee may establish, by majority vote, more than one appointment list from the List, graduated according to degree of seriousness of offense, the attorneys’ qualifications, and whether representation will be provided in trial court proceedings, appellate proceedings or both.
Attorneys shall initially be listed alphabetically on the List. As new attorneys are approved, they shall be placed at the bottom of the List.
An attorney whose name is placed on the List shall annually complete at least 8 hours of criminal law continuing legal education and shall attach verification of completion of CLE requirements to the application for annual renewal by December 30th. The renewal application shall be submitted, by email, to the court coordinator for each member of the Committee.
No later than the 15th day of October each year, an attorney that was appointed to represent a defendant under this plan must submit, through the Texas Indigent Defense Commission attorney reporting portal, the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for the prior 12 months that begins on October 1 and ends on September 30.
An attorney whose name is placed on the List shall immediately notify each court coordinator, in writing via email, if their law license is suspended, revoked, or if the attorney has been arrested, accused of, or convicted of a criminal offense (other than a class C misdemeanor), in which case the attorney's name shall be removed from the List. An attorney, once removed from the List must reapply to the Committee to have their name added to the List.
A court may immediately suspend (indefinitely or for a period of time) an attorney from receiving appointments (in their court) who violates the Duties of Appointed Counsel, the Texas Rules of Professional Conduct, the Texas Lawyers Creed – A Mandate for Professionalism, the court’s policies and procedures, or other good cause. A court that suspends an attorney may replace the attorney on any or all pending cases to which the attorney has been previously appointed.
The Committee, by a vote of a majority plus one, may remove an attorney from the List for violating the Duties of Appointed Counsel, the Texas Rules of Professional Conduct, the Texas Lawyers Creed – A Mandate for Professionalism, a court’s policies and procedures, or other good cause.
An attorney who receives appointments under the Plan shall:
i. Personally represent the accused or withdraw from the case, after first obtaining permission from the court.An attorney must exercise the same degree of
professionalism and responsibility with an appointed client as they would with a client who has retained them.
ii. Make every reasonable effort possible to contact his client not later than the end of the first working day after receiving notice of the appointment. If the client is an inmate, an attorney must personally visit the client at the jail. In all cases, the attorney must interview the defendant as soon as practicable.
iii. Continue representing the accused until charges are dismissed, appeals are exhausted, or the attorney is permitted or ordered by the court to withdraw as counsel for the defendant after a finding of good cause is entered on the record.
With respect to a defendant not represented by other counsel, before withdrawing as counsel for the defendant after a trial or entry of a plea of guilty, counsel
shall:
(a) advise the defendant of the defendant’s right to file a motion for new trial, and a notice of appeal (including a motion for an appeal bond); and
(b) if the defendant wishes to pursue either or both of the remedies describe in paragraph (a) promptly and timely file and set a hearing regarding the above matters.
iv. Designate an email address for the purpose of receiving notices of appointments. A court that appoints an attorney may use the email address to notify the attorney of his appointment or court hearings. Any changes in the attorney's telephone numbers or email address must be promptly given in writing to the County Clerk and the court coordinator of each court for updating the List.
v. Timely and truthfully submit requests for payment to the court with jurisdiction in the matter. Requests for payment shall be presented to the court no later than the time of the plea, conclusion of the trial, or other final disposition. Requests for payment that are not made in accordance with the above may be denied or reduced.
vi. Notify, in writing, the County Clerk and the court coordinator of each court of any vacation plans, seminars, protracted trials, etc. where the attorney will be unavailable to
accept appointments during a period of more than four calendar days.
Prompt Appointment of Counsel
10/21/2024
PROMPT APPOINTMENT OF COUNSEL
If a person is arrested on a misdemeanor charge pursuant to a warrant, the person who has custody of the accused shall present the accused before a magistrate within 48 hours of the time of the accused person's arrest.
The magistrate shall deliver the admonishments contained in Article 15.17 of the Code of Criminal Procedure. The magistrate shall also set bail, unless bail was previously set by the magistrate issuing the warrant. The magistrate shall also inform the accused of his right to counsel and make a finding of probable cause based upon the warrant.
If necessary, an interpreter shall assist the accused during the probable cause hearing. If the accused requests an attorney, the magistrate shall provide the accused with the forms necessary for making such a request and ensure that reasonable assistance in completing the required forms is provided to the accused.
If an arrested person requests appointment of counsel and has completed the necessary forms, the magistrate shall transmit or cause to be transmitted to the appointing judge, or person(s) designated by the judges to appoint counsel, the forms requesting appointment of counsel. The forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, as stated in Article 15.17, Section (a) of the Code of Criminal Procedure. The magistrate shall make a record of:
- Informing the accused of the accused's right to request appointment of counsel;
- Whether the accused wants to request appointment of counsel; and
- Whether the person requested court-appointed counsel.
For persons arrested in Hunt County on out-of-county warrants, the magistrate will ask the defendant if he/she would like to request appointed counsel. The magistrate will record the response, and if counsel is requested, the magistrate will provide the arrestee with the appropriate forms for requesting counsel. The magistrate will ensure assistance in completing the forms at the same time. The forms will be transmitted to the appointing authority in the county issuing the warrant within 24 hours of the request being made. However, if the defendant has not been transferred or released into the custody of the county issuing the warrant before the 11th day after the date of the arrest and if counsel has not otherwise been appointed for the defendant in the arresting county under this article, a court or the courts' designee authorized under Article 26.04 of the Texas Code of Criminal Procedure to appoint counsel for indigent defendants in the arresting county immediately shall appoint counsel to represent the defendant in any matter under Chapter 11 or 17 of the Texas Code of Criminal Procedure, regardless of whether adversarial judicial proceedings have been initiated against the defendant in the arresting county. If counsel is appointed for the defendant in the arresting county as required by this subsection, the arresting county may seek from the county that issued the warrant reimbursement for the actual costs paid by the arresting county for the appointed counsel.
For persons arrested in other counties, on Hunt County warrants, counsel must be appointed no later than the end of the third working day after the date which the court or the courts’ designee receives the defendant’s request for appointment of counsel.
If a magistrate is provided written or electronic notice of credible information that may establish reasonable cause to believe that a person brought before the magistrate has a mental illness or is a person with an intellectual disability, the magistrate shall conduct the proceedings described by Article 16.22 or 17.032, as appropriate.
If the magistrate is authorized to appoint counsel, the magistrate shall make a determination of indigence and appoint counsel if the defendant is indigent within three working days unless the County has a U.S. Census population over 250,000, in which case counsel shall be appointed within one working day.
B. MISDEMEANOR ARREST WITHOUT A WARRANT
If a person is arrested on a misdemeanor charge without a warrant, the person who has custody of the accused shall present the accused before a magistrate within 24 hours of the time of the accused person's arrest. If no probable cause finding has been made by the 24th hour after the arrest, the accused person shall be released on bond, in an amount not to exceed $5,000.00. If the person is unable to deposit money in the amount of the bond, or unable to obtain a surety for the bond, the accused person must be released on personal bond.
If the accused person is brought before a magistrate within 24 hours, the magistrate shall deliver the admonishments contained in Article 15.17 Code of Criminal Procedure and determine if there is probable cause to believe the accused person committed the offense.
If necessary, an interpreter shall assist the accused during the probable cause hearing. The magistrate shall make a finding of either "no probable cause" or a "finding of probable cause." A finding of probable cause must be based upon a sworn probable cause affidavit setting forth sufficient facts, or by incorporating a copy of the offense report. If the magistrate makes a finding of no probable cause, the accused person shall be released from custody.
If a magistrate makes a finding of probable cause, the magistrate shall inform the accused person of their right to counsel. If the accused requests an attorney, the magistrate shall provide the accused with the forms necessary for making such a request and ensure that reasonable assistance in completing the required forms is provided to the accused.
If an arrested person requests appointment of counsel and has completed the necessary forms, the magistrate shall transmit or cause to be transmitted to the appointing judge, or person(s) designated by the judges to appoint counsel, the forms requesting appointment of counsel. The forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, as stated in Article 15.17, Section (a) of the Code of Criminal Procedure.
The magistrate, upon a finding of probable cause, shall set reasonable bail and shall make a record of:
a. Informing the accused of the accused's right to request appointment of counsel;
b. Whether the accused wants to request appointment of counsel; and
c. Whether the person requested court-appointed counsel.
If a magistrate is provided written or electronic notice of credible information that may establish reasonable cause to believe that a person brought before the magistrate has a mental illness or is a person with an intellectual disability, the magistrate shall conduct the proceedings described by Article 16.22 or 17.032 of the Code of Criminal Procedure, as appropriate.
If the magistrate is authorized to appoint counsel, the magistrate shall make a determination of indigence and appoint counsel if the defendant is indigent within three working days unless the County has a U.S. Census population over 250,000, in which case counsel shall be appointed within one working day.
"Indigent" means financially unable to hire private counsel.
"Net household income" means all income of the accused and spousal income actually available to the accused. Such income shall include: take-home wages and salary (gross income earned less any deductions required by law or as a condition of employment); net self-employment income (gross income minus business expenses and any deductions required by law or as a condition of operating the business); regular payments from a government 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 will be considered on an annualized basis, averaged together with periods for which the accused has no or less income.
"Household" means all individuals who are actually dependent on the accused for financial support.
"The cost of obtaining competent private legal representation" includes the reasonable costs of support services such as investigators and expert witnesses which are necessary and appropriate given the circumstances of the case.
An accused is presumed indigent if any of the following circumstances are present:
a. The accused or the accused's dependents are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing;
b. The accused's net household income does not exceed 125% of the Poverty Guidelines as revised annually by the United States Department of Health and Human Services and published in the Federal Register; or
c. The accused is currently serving a sentence in a correctional institution, residing in a public mental health facility, or subject to a proceeding in which admission or commitment to a mental health facility is sought.
An accused who does not meet any of the standards above shall nevertheless be considered indigent if the accused is unable to retain private counsel without substantial hardship to the accused or the accused's dependents. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:
a. The nature of the criminal charge(s);
b. Anticipated complexity of the defense;
c. The estimated cost of obtaining competent private legal representation for the matter(s) charged;
d. The amount needed for the support of the accused and the accused's dependents;
e. Accused's income,
f. Source of income,
g. Assets and property owned,
h. Outstanding obligations,
i. Necessary expenses,
j. The number and ages of dependents, and
k. Spousal income that is available to the accused.
The following factors are 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.
- The resources available to friends or relatives of the accused may not be considered in determining whether the accused is indigent.
- Only the accused's financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence.
- A defendant shall not be denied the appointment of counsel merely because the person is employed.
4. Other Factors that May Be Considered:
The following factors may be considered in determining indigence:
- 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 or and through oral examination, may not be used for any purpose other than:
i. Determining whether the accused is or is not indigent; or
ii. Impeaching the direct testimony of the 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 Section A or B of these rules and those contained in the 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.
- A defendant determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the defendant's financial circumstances occurs. Counsel shall notify the Court if a material change occurs. Release from custody or change of employment status are changes which shall be brought to the attention of the Court within 14 days.
- An accused's status may be reviewed in a formal hearing at any stage of a court proceeding on a motion for reconsideration by the accused or by the state.
- A presumption of indigence can be rebutted with evidence of a material change in the accused's financial circumstances which establishes that the accused no longer meets any standard of indigence.
- If an accused previously determined to be indigent is subsequently determined not to be indigent, appointed counsel shall be compensated under the terms of this Plan for services reasonably rendered.
- If a court determines that an accused has sufficient financial resources to partially or completely offset the costs of legal services provided, the court may order the defendant to pay said amount as costs of court.
- An accused person who is found guilty, and after all appeals, if any, are exhausted, shall be required to reimburse Hunt County a sum not more than the amount paid by the County for the accused person’s legal services, provided however that a finding is made at the time of final disposition that the accused has the ability to reimburse the County without substantial financial hardship. Such reimbursement shall be taxed as costs in the accused person's case, which are ordered to be collected by the County Clerk, Collections Department, or Community Supervisions and Collections Department before all other court costs and fines.
If a defendant wishes to request counsel prior to the initial appearance and is no longer in custody, the defendant may access the necessary forms required to request counsel on the court’s website.
An attorney shall be appointed as soon as possible, but no later than the end of the third working day after the date on which the court or the court’s designee receives the defendant’s request for appointment of counsel pursuant to Article 1.051, Section (c) of the Code of Criminal Procedure.
Persons out of custody: Counsel must be appointed at defendant's first court appearance or when adversarial judicial proceedings are initiated, whichever comes first [Article 1.051(j), CCP; Rothegery v. Gillespie County.
If a defendant appears without counsel in any adversary judicial proceeding that may result in punishment by confinement, 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.
Attorney Selection Process
10/11/2023
A court, or its designee, upon a proper showing of indigency shall appoint an attorney from the List. In making an appointment, the court, or its designee, shall select an attorney from among the names of the next five attorneys on the List, subject to the following exceptions:
i. Motions to adjudicate or motions to revoke: the accused's prior court-appointed attorney, if any, shall be appointed, if that person's identity is known and is currently approved for
appointments.
ii. Other pending Cases:the accused’s court-appointed attorney in other cases currently pending, shall be appointed, if the person’s identity is known and is currently approved for
appointments.
iii. If an accused person does not speak English or is Deaf: an attorney who speaks a language the accused can understand must be appointed, if available.
iv. For Good Cause Stated: a court, but not the courts designee, may appoint an attorney from the List who is not one of the five attorneys next up on the List for good cause stated on
the record. Good cause may include, but is not limited to, conflict of interest, attorney unavailability, request by the accused that the attorney not be appointed, inconvenience to the
accused, prior representation by an attorney with knowledge of the facts in the pending case and other similar good cause.
Attorneys whose names are among the five names next up on the List, but who are not selected shall have their names placed back at the top of the List.
A court, but not the courts designee, may appoint an attorney that is not on the List if the court determines that the interest of justice requires the appointment of an attorney that is not on the List and the appointed attorney is otherwise qualified. Attorneys whose names are among the five names next up on the List, but who are not selected shall have their names placed back at the top of the List.
Fee and Expense Payment Process
8/26/2025
Court appointed attorneys shall be compensated for all reasonable and appropriate services in representing the accused. Compensation shall be reasonable for time and effort expended in accordance with a fee schedule adopted and approved by a majority of the judges hearing criminal cases in the county.
No payment shall be made until a judge approves payment after submission of the attorney fee voucher. Requests for payment shall be presented to the court no later than the time of the plea, conclusion of the trial, or other final disposition. Requests for payment that are not made in accordance with the above may be denied or reduced.
If a judge disapproves the requested amount of payment, the judge shall make written findings stating the amount that the judge approves and each reason for approving an amount different from the requested amount.
An attorney whose report for payment is disapproved or is not otherwise acted on by the 60th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of the administrative judicial region.
Court appointed counsel will be reimbursed for reasonable and necessary expenses incurred, including expenses for investigations and for mental health and other experts. Expenses incurred with prior approval shall be paid according to the procedures set forth below.
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, as applicable:
i. The type of investigation to be conducted or the type of expert to be retained;
ii. 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
iii. An itemized list of anticipated expenses for each investigation or each expert.
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:
i. State the reasons for the denial in writing;
ii. Attach the denial to the confidential request; and
iii. Submit the request and denial as a sealed exhibit to the record.
Miscellaneous
8/26/2025
This plan is subject to amendment.
Forms referenced in this plan are accessible through links provide and may also be available on the Hunt County website.
This plain is effective August 26, 2025, and the provisions herein apply to all appointments made on or after that date.
Plan Documents
Hunt County Court Affidavit of Indigence (Spanish).pdf (8/26/2025 1:37:37 PM)
viewHunt County Court Affidavit of Indigence.pdf (8/26/2025 1:37:01 PM)
viewHunt County Court Attorney Application for Appointment.pdf (10/11/2023 9:09:59 AM)
viewHunt County Court Attorney Fee Schedule.pdf (10/11/2023 9:10:59 AM)
viewHunt County Court Attorney Fee Voucher.pdf (8/26/2025 1:38:36 PM)
viewHunt County Court Magistrate’s Warning Form.pdf (10/11/2023 9:11:30 AM)
viewHunt County Court Waiver of Counsel.pdf (8/26/2025 1:38:50 PM)
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