Hunt Juvenile Board Plan
Preamble
10/17/2024
Hunt Juvenile Board Plan
Preamble
10/15/2024
Prompt Detention Hearings
10/17/2024
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
EFFECTIVE 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
within a reasonable time before the first detention hearing is held to represent the child at that hearing.
- 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 juvenile court. The intake officer shall process the child according to 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 working day after the child is taken into
custody unless the child is detained on a Friday, Saturday or listed holiday in which case the detention hearing shall
be held on the first working day after the child is taken into custody.
- Prior to the detention hearing the court shall inform the parties of the child's right to counsel and to
appointed counsel if they are indigent, and of the child's right to remain silent as to the alleged conduct.
- The detention hearing may be conducted without the presence of the child' s parent(s) or other responsible adult(s), however,
in these cases the court must immediately appoint counsel or a guardian ad litem to represent the child.
- The court shall provide the attorney for the child access to all written matter to be considered by the Court in
making the detention decision.
Indigence Determination Standards
10/17/2024
Indigence Determination Standards
11/01/2023
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).
A. Eligibility for Appointment
i. A child is presumed indigent if any of the following conditions or factors are present:
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-fedicaid,
Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.
- 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;
- 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) responsibel for the child is unable to retain private counsel without
substantial hardship. In considering if obtaining private counsel will created 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 cometent 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:
- 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.
- 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.
B. 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 used 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:
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.
Minimum Attorney Qualifications
10/17/2024
Minimum Attorney Qualifications
10/15/24
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 – OCTOBER 15, 2024
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).
QUALIFICAT IONS FOR COURT APPOINTED COUNSEL
Minimum Attorney Qualifications for Juveniles (Medium and Small Counties)
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 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 of good standing of the State Bar of Texas;
3. An attorney shall submit by October 15 each year a statement that describes the percentage of the
Attorney’s practice time that was dedicated to work based on appointments accepted in this county for
adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on October 1 and
ends on September 30. The report must be submitted through the online form to the Texas Indigent
Defense Commission/form prescribed by the Texas Indigent Defense Commission to the court
Administration office in the county;
4. An attorney shall complete a minimum of 6 hours in CLE in the area of juvenile law and procedure
each year. All attorneys on the appointment list must file a certificate of with the courts 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 activity completed during any reporting period
in excess of the minimum of 6 hours for such period may be applied to the following period’s requirement.
The carryover provision applies to one year only;
5. Must be knowledgeable in juvenile law and be aware of collateral consequences of a juvenile
adjudication and disposition;
6. May not have been the recipient of any public disciplinary action by the State Bar of Texas or any
other licensing authority of any state or the United States within the last 5 years;
7. An attorney must maintain an office capable of receiving email, fax, and telephone calls;
8. An attorney must have the ability to produce typed motions and orders;
9. 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.
ii. CINS Charges or Delinquent Conduct, and Commitment to TJJD is Not an Authorized Dispositionzzz
1. Meet the General Requirements;
iii. Delinquent Conduct, and Commitment to TJJD Without a Determinate Sentence Is an Authorized Disposition
1. Meet the General Requirements:
iv. Determinate Sentence Proceedings have been Initiated; or Proceedings of Discretionary Transfer to Criminal
Court have been Initiated:
1. Meet General Requirements;
B. Approval for Juvenile Appointment Lists - An attorney must be approved by a majority of judges that handle
juvenile cases.
C. Removal from Appointment List – The County Court at Law Judge 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 was removed from the appointment list for not submitting the attorney’s annual practice
time report may be immediately reinstated upon submission of the report so long as the attorney
otherwise meets the other qualifications under this Plan.
iii. 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;
- The case is terminated;
- The family retains an attorney;
- The attorney is relieved of his duties by the court or replaced by other counsel.
iv. Investigate, either by self or through an investigator, the facts of the case and be prepared to present any
factual defense that may be reasonably and arguable 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 in 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 all for the provision of quality representation and the execution of the
responsibilities listed in these rules in every case.
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.
Prompt Appointment of Counsel
10/21/2024
Prompt Appointment of Counsel
10/15/24
HUNT COUNTY ALTERNATIVE PROGRAM AND
STANDING RULES AND ORDERS FOR
PROCEDURES FOR PROMPT APPOINTMENT OF COUNSEL
FOR INDIGENT ACCUSED JUVENILE PERSON IN
HUNT COUNTY, TEXAS
EFFECTIVE DATE-OCTOBER 15, 2024
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 2001 (Hereinafter referred to as the Fair Defense Act).
ESTABLISHING PROCEDURES TO ENSURE PROMPT APPOINTMENT OF COUNSEL
The Juvenile Court Judge, or the District or County Judge designated to serve in his or her absence, shall comply with
all the terms of Sections 51 and 54, Texas Family Code, in timely interviewing all juveniles detained within the
jurisdiction of Hunt County, Texas, and make proper determination as to indigency.
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. [Sec.54.01(b-1), FC]
A. Appointment of Counsel for Children in Detention
i. Prior to the detention hearing the court shall inform the parties of the child's right to counsel and to
appointed counsel if they are indigent, and of the child's right to remain silent as to the alleged conduct.
ii. Prior to the initial detention hearing, the court shall provide the attorney for the child with access to all
written matter to be considered by the court in making the detention decision.
iii. If there is no parent or other responsible adult present, the court must appoint counsel or a guardian
ad litem for the child.
iv. If the juvenile is detained, the child has an immediate right to counsel. If counsel has not already been
appointed, the court must either appoint counsel or direct the juvenile's parent or other responsible
adult to retain an attorney promptly. If the child's parents do not qualify for appointed counsel, and the
child's parent has not retained counsel, the court shall ppoint counsel for the child.
v. Upon court appointment, the court administrator shall notify the appointed attorney by fax, e-mail, or
personal contact of the appointment and the scheduled hearing time and date, and enter an order
reflecting the appointment in the case record.
vi. The appointed attorney shall make every reasonable effort to contact a child in detention by the end of the
first working day after receiving the notice of appointment or to inform the court that the appointment cannot
be accepted. Contacting the child in detention may be made by personal visit (including contact during a detention
hearing), by phone or by video teleconference. Contacting the court may be by fax, email, phone or
personal visit. A court-appointed attorney shall contact the child in one of the ways mentioned above, no
less than once every ten working days while the child remains in detention.
vii. An attorney appointed for a detention hearing shall continue to represent the child until the case is
terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court. Release
of the child from detention does not terminate the attorney's representation.
viii. Court-appointed attorneys shall make every effort to comply with the Texas State Bar Code of Ethics
for communication with a client.
B. Appointment of Counsel for Children not Detained at Intake
i. If the child is released from detention and if a petition to adjudicate or a motion to modify is filed, then
juvenile court will use the financial forms gathered at intake to make a determination of indigence.
If no financial information is available, the juvenile court shall promptly summon the child's parent/guardian/
custodian to the court so that financial information may be gathered for determination of indigence.
ii. If the court makes a finding of indigence, the court shall appoint an attorney on or before the fifth
working day after:
a. The date a petition for adjudication or discretionary transfer hearing has been served on the child; or
b. A motion to modify has been filed.
iii. If the family does not qualify for appointed counsel or if the parent or guardian is not available, and the
family fails to provide an attorney, the juvenile court may appoint an attorney in any case in which it deems
necessary to protect the interests of the child.
iv. The prosecuting attorney/court clerk shall notify the juvenile court upon the filing and return of service
of a motion to modify or the return of service of a petition for adjudiction or discretionary transfer.
Attorney Selection Process
10/17/2024
Attorney Selection Process
11/01/23
HUNT COUNTY ALTERNATIVE PROGRAM AND
STANDING RULES AND ORDERS FOR
PROCEDURES FOR ATTORNEY SELECTION PROCESS
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).
PROCEDURES FOR APPOINTMENT OF COUNSEL
The Hunt County Juvenile Judge, or judge designated to serve in his or her absence, shall appoint attorneys from a
list composed of those attorneys who filed an application and were approved. The judge shall appoint attorneys in
the order their names appear on the list, unless the unavailability of that attorney or the seriousness of the crime
charged dictate skipping the next named attorney on the list. 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.
The Juvenile Board of Hunt County, Texas approves and adopts this Plan for Appointing Attorneys to Defend Indigent
Accused Juvenile. Said Board further designates the Sitting Juvenile Court Judge, or the Judge designated by him or her to
serve in his absence, to implement the above plan in all particulars, including but not limited to:
a. Reviewing financial statements of families to determine eligibility for appointment of counsel
b. Maintain and update a list of qualified attorneys to serve herein
c. Receive and review attorney' s application to be included on the appointment of counsel list
d. Maintain rotation schedule of attorneys
e. Supervise and monitor appointed attorney fees payments
f. Assist in reporting requirements
g. Perform all other duties as designated by the Juvenile Board
Fee and Expense Payment Process
10/17/2024
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 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).
Fee and Expense Payment Process for Juveniles
A. 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 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 this administrative judicial region.
C. 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:
a. The type of investigation to be conducted or the type of expert to be retained;
b. 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 an itemized
list of anticipated expenses for each investigation and/or each expert.
2. The court shall grant the request for advance payment of expenses in whol or in part if the request is
reasonable. If the court denies in whole or in part the request for expenses, the court shall:
a. State the reasons for the denial in writing;
b. Attach the denial to the confidential request; and
c. Submit the request and denial as a sealed exhibit to the record.
iii. Procedure Without Prior Court Approval:
1. 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 reasonable incurred. Unreasonable or
unnecessary expenses will not be approved.
Plan Documents
Hunt Juvenile Board Affidavit of Indigence at Bench Level.pdf (11/5/2009 4:26:17 PM)
viewHunt Juvenile Board Affidavit of Indigence.pdf (5/2/2024 2:10:17 PM)
viewHunt Juvenile Board Attorney Fee Schedule.pdf (10/23/2023 3:42:08 PM)
viewHunt Juvenile Board Attorney Fee Voucher.pdf (5/2/2024 2:10:52 PM)
viewHunt Juvenile Board Hunt Juvenile Board Plan Magistrate's Juvenile Warning.pdf (10/23/2023 3:35:54 PM)
viewHunt Juvenile Board Hunt Juvenile Board Signature Page.pdf (10/23/2023 2:57:14 PM)
viewHunt Juvenile Board Magistrate's Juvenile Warning Precinct 3.pdf (11/18/2009 2:04:54 PM)
viewHunt Juvenile Board Magistrate's Verification of Admissibility of Juvenile's Statement.pdf (10/23/2023 3:02:10 PM)
viewHunt Juvenile Board Magistrates Warning Document A.pdf (11/5/2009 4:22:09 PM)
viewHunt Juvenile Board Magistrates Warning Document B.pdf (11/5/2009 4:22:57 PM)
viewHunt Juvenile Board Magistrates Warning Document C Spanish.pdf (11/5/2009 4:23:37 PM)
viewHunt Juvenile Board Magistrates Warning Form.pdf (11/5/2009 4:19:16 PM)
viewHunt Juvenile Board Signature Page.pdf (10/17/2024 12:29:21 PM)
viewHunt Juvenile Board Standing Order Bailiff.pdf (3/12/2020 9:42:55 AM)
view