Prompt Detention Hearings

11/01/2023

HUNT COUNTY ALTERNATIVE PROGRAM AND STANDING RULES AND ORDERS FOR

PROCEDURES FOR PROMPT DETENTION HEARINGS

FOR INDIGENT ACCUSED JUVENILE PERSONS IN HUNT COUNTY, TEXAS

EFECTIVE DATE-NOVEMBER 1, 2023

Be it remembered that on this date the undersigned, being a majority of the members of the Juvenile Board for Hunt County, Texas, hereby adopt, order, establish and order published these countywide procedures, rules, and orders for the timely and fair appointments of all counsel for indigent accused juveniles charged in Hunt County, Texas. This document is the Hunt County Juvenile Board's Alternative Program to conform with the requirements of S.B. 7 passed by the Texas Legislature and signed into law in 2001 (Hereinafter referred to as the Fair Defense Act).

Unless the court finds that the appointment of counsel is not feasible due to exigent circumstances, the court shall appoint counsel within a reasonable time before the first detention hearing is held to represent the child at that hearing.

1. A child taken into custody must either be brought to a juvenile processing office without unnecessary delay where they may not be detained for longer than six hours pursuant to §52.025, Family Code, or another disposition authorized by §52.02, Family Code, including referral to the office designated by the juvenile board as intake for the juvenilecourt.The intake officer shall process the child according the requirement of

§53.01, Family Code, and shall also inform the child and the child's parents of the right to appointed counsel if they are indigent and provide a form for the purpose of determining eligibility for appointment of counsel. If the child is not released by intake, then a Detention Hearing shall be held not later than the second

              Indigence Determination Standards

11/01/2023

HUNT COUNTY ALTERNATIVE PROGRAM AND STANDING RULES AND ORDERS FOR

HUNT COUNTY ALTERNATIVE PROGRAM AND STANDING RULES AND ORDERS FOR

PROCEDURES FOR INDIGENCE DETERMINATION STANDARDS

FOR INDIGENT ACCUSED JUVENILE PERSONS IN HUNT COUNTY, TEXAS

EFECTIVE DATE - NOVEMBER 1, 2023

Be it remembered that on this date the undersigned, being a majority of the members of the Juvenile Board for Hunt County, Texas, hereby adopt, order, establish and order published these countywide procedures, rules, and orders for the timely and fair appointments of all counsel for indigent accused juveniles charged in Hunt County, Texas. This document is the Hunt County Juvenile Board's Alternative Program to conform with the requirements of S.B. 7 passed by the Texas Legislature and signed into law in 2001 (Hereinafter referred to as the Fair Defense Act).

1. 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, 1-fedicai d, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.

View Indigent Defense Plan                                                                                                                                                                       Page 3 of 10

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 125% 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.

View Indigent Defense Plan                                                                                                                                                                       Page 4 of 10

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.

4. 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.           I n formation 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 in Parts I and IV of these rules.

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:

2. Evidence of a material change in the child' s parent(s)/person(s) responsible and the child's financial circumstances; or

3. 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.

4. 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

Minimum Attorney Qualifications

11/01/2023

HUNT COUNTY ALTERNATIVE PROGRAM AND STANDING RULES AND ORDERS FOR

PROCEDURES FOR MINIMUM ATTORNEY QUALIFICATIONS

FOR INDIGENT ACCUSED JUVENILE PERSONS IN HUNT COUNTY, TEXAS

EFECTIVE DATE - NOVEMBER 1, 2023

Be it remembered that on this date the undersigned, being a majority of the members of the Juvenile Board for Hunt County, Texas, hereby adopt, order, establish and order published these countywide procedures, rules, and orders for the timely and fair appointments of all counsel for indigent accused juveniles charged in Hunt County, Texas.  This document is the Hunt County Juvenile Board's Alternative Program to conform with the requirements of S.B. 7 passed by the Texas Legislature and signed into law in 2001 (Hereinafter referred to as the Fair Defense Act).

 (I)     QUALIFICAT IONS FOR COURT APPOINTED COUNSEL

 Minimum Attorney Qualifications for Juveniles  

1. 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.      All attorneys must comply with Section (D)(1) of the Fair Defense Plan for Hunt County Court at Law No. 1.

                       4.       An attorney shall complete a minimum of 6 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

 View Indigent Defense Plan                                                                                                                                                                       Page 6 of 10

initial reporting period may be used to meet the educational requirements for the initial year.

2. Approval for Juvenile Appointment Lists - An attorney must be approved by the Judge of the County Court at Law No. 1 of Hunt County.

174.4 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.

Fee and Expense Payment Process

11/01/2023

HUNT COUNTY ALTERNATIVE PROGRAM AND STANDING RULES AND ORDERS FOR

                                                                                                                                                  PROCEDURES FOR FEE AND EXPENSE PAYMENT PROCESS

FOR INDIGENT ACCUSED JUVE NILE PERSONS IN HUNT COUNTY, TEXAS

EFECTIVE DATE - NOVEMBER 1, 2023

Be it remembered that on this date the undersigned, being a majority of the members of the Juvenile Board for Hunt County, Texas, hereby adopt, order, establish and order published these countywide procedures, rules, and orders for the timely and fair appointments of all counsel for indigent accused juveniles charged in Hunt County, Texas. This

View Indigent Defense Plan                                                                                                                                                                        Page 8 of 10

document is the Hunt County Juvenile Board's Alternative Program to conform with the requirements of S.B. 7 passed by the Texas Legislature and signed into law in 2001 (Hereinafter referred to as the Fair Defense Act).

Fee and Expense Payment Process for Juveniles

1. Court appointed counsel shall be compensated for all reasonable and appropriate services rendered in representing the accused.

       Compensation shall be reasonable for time and effort expended and will be in accordance with a fee schedule adopted and approved

by the Juvenile Board.

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

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

ii.          The trial judge presiding over the proceedings shall review the request for compensation and either approve or disapprove of the amount requested.

1.  If a judge disapproves a request for compensation, the judge shall make written findings, stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.

2.  An attorney whose request for payment is disapproved or is not otherwise acted on by the 60^th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of this administrative judicial region

2. Payment of Expenses:

i.          Court appointed counsel will be reimbursed for reasonable and necessary expenses incurred, including expenses for investigation and for mental health and other experts. Expenses incurred with and without prior approval shall be paid according to the procedures set forth below. Whenever possible prior court approval should be obtained before expenses are incurred.

ii.          Procedure with Prior Court Approval:

l .   Appointed Counsel may file with the trial court a pretrial ex parte confidential request for advance payment of investigative and expert expenses. The request for expenses must state the below, as applicable:

1. The type of investigation to be conducted or the type of expert to be retained;
2. 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