Hunt Juvenile Board Plan
Preamble
10/16/2013

 

 

 

 

 

Prompt Detention Hearings
7/12/2019

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, 2013

 

      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.

 

A.    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 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. 

B.     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.

C.     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.

D.    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
10/7/2013

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, 2013

 

   

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:

1.      At the time of requesting appointed counsel, a child is presumed indigent if the child’s parent(s) or other person(s) determined responsible for the support of the child is eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.

2.      The net household income of the child’s parent(s) or other person(s) determined responsible for the support of the child does not exceed 100% of the Poverty Guidelines as revised annually by the United States Department of Health and Human Services and published in the Federal Register;

3.      The child’s parent(s) or other person(s) determined responsible for the support of the child is currently serving a sentence in a correctional institution, is currently residing in a public mental health facility, or is subject to a proceeding in which admission or commitment to such a mental health facility is sought; or

                              ii.            The child who does not meet any of the standards above shall nevertheless be considered indigent if the child’s parent(s) or other person(s) responsible for the child is unable to retain private counsel without substantial hardship. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:

1.      the nature of the charge(s);

2.      anticipated complexity of the defense;

3.      the estimated cost of obtaining competent private legal representation for the matter(s) charged;

4.      the amount needed for the support of the child, the child’s parent(s)/person(s) responsible, and other dependents of the child’s parent(s)/person(s) responsible; 

5.      child’s parent(s’) income or the income of other person(s) determined responsible for the support of the child;

6.      source of income;

7.      assets and property owned by the child, child’s parent(s), or other person(s) determined responsible for support of the child;

8.      outstanding obligations;

9.      necessary expenses; and

10.  the number and ages of any siblings of the child.

                            iii.            Factors NOT to be considered in determining indigence:

1.      The resources available to friends or relatives of the child, other than the child’s parent(s) or other person(s) deemed responsible for the child, may not be considered in determining whether the child is indigent.

2.      Only the child's parent(s) or other person(s) responsible for the child and the child’s financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence.

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 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
10/9/2013

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, 2013

 

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)        QUALIFICATIONS FOR COURT APPOINTED COUNSEL

 

Minimum Attorney Qualifications for Juveniles

A.    The Juvenile Board shall establish attorney appointment lists for the following categories of offenses. Attorneys may apply for and be placed on multiple lists. To be eligible for an appointment list, an attorney must meet the following minimum requirements:

                                i.            General Requirements:

1.      All attorneys on the appointment list must ensure all information on their application is correct;

2.      An attorney must be a licensed practicing attorney and a member in good standing of the State Bar of Texas;

3.      An attorney shall complete a minimum of 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 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;

4.      Must be knowledgeable in juvenile law and be aware of collateral consequences of a juvenile adjudication and disposition;

5.      May not have been the recipient of any public disciplinary action by the State Bar of Texas or any other attorney licensing authority of any state or the United States within the last 5 years;

6.      An attorney must maintain an office capable of receiving email, fax, and telephone calls;

7.      An attorney must have the ability to produce typed motions and orders;

8.      An attorney shall notify the Juvenile Board promptly, in writing, of any matter that would disqualify the attorney by law, regulation, rule, or under these guidelines from receiving appointments to represent indigent defendants.

9.  Shall maintain a principal office or shall reside in Hunt County, Texas.

10. An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in Hunt County for juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30.  The report must be submitted through the online form to the Texas Indigent Defense Commission.

 

                              ii.            CINS Charges or Delinquent Conduct, and Commitment to TYC Is Not an Authorized Disposition:

1.      Meets the General Requirements

 

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

1.      Meets General Requirements

 

                            iv.            Determinate Sentence Proceedings have been Initiated; or Proceedings for Discretionary Transfer to Criminal Court Have Been Initiated:

1.      Meets General Requirements

 

B.     Approval for Appointment Lists - An attorney must be approved by a majority of the Juvenile Board for each appointment list for which the attorney applies. 

 

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.

 

Attorneys must be approved by a majority of the Juvenile Board or judges to be placed on or removed from the appointment list.

Prompt Appointment of Counsel
10/7/2013

HUNT COUNTY ALTERNATIVE PROGRAM AND

STANDING RULES AND ORDERS FOR

PROCEDURES FOR PROMPT APPOINTMENT OF COUNSEL

FOR INDIGENT ACCUSED JUVENILE PERSONS IN

HUNT COUNTY, TEXAS

 

EFECTIVE DATE – NOVEMBER 1, 2013

 

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.)       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 juvenile detained within the jurisdiction of Hunt County, Texas, and make proper determination as to indigency.

 

If the child was not represented by an attorney at the detention hearing and determination was made to obtain the child, the child shall immediately be entitled to representation by an attorney.

 

            If the juvenile is not initially detained, or is released by intake, then the Juvenile Court Judge, or Judge designated to serve in his or her absence, shall appoint an attorney to represent said juvenile within (5) days of said juvenile being served with an original petition if it has been determined that the juvenile is indigent.

 

            If a motion to modify probation is filed, the Judge of the Juvenile Court, or Judge designated to serve in his or her absence, shall determine indigency and if necessary, appoint an attorney to represent the juvenile within (5) days of the motion to modify being filed.  If at all possible, the attorney who formally represented the juvenile shall continue to represent said juvenile until all juvenile proceedings filed against said juvenile are resolved.

 

            Appointed Attorneys contact their clients – Fair Defense Act requires appointed attorneys to make every reasonable effort to contact their clients by the end of the first working day after the attorney receives notice of appointment and to interview the defendant as soon as practicable after the attorney is appointed if the juvenile client is in detention.

 

Attorney Selection Process
10/7/2013

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, 2013

 

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)        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 by the Juvenile Board of Hunt County.  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 all reporting requirements

g.    Perform all other duties as designated by the Juvenile Board

Fee and Expense Payment Process
10/7/2013

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, 2013

 

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:

1.      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

c.       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 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:

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 reasonably 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) view
Hunt Juvenile Board Affidavit of Indigence.pdf (11/5/2009 4:24:44 PM) view
Hunt Juvenile Board Attorney Application for Appointment.pdf (11/5/2009 4:26:48 PM) view
Hunt Juvenile Board Attorney Fee Schedule.pdf (10/17/2017 10:28:24 AM) view
Hunt Juvenile Board Attorney Fee Voucher.xls (11/5/2009 4:27:56 PM) view
Hunt Juvenile Board Magistrate's Juvenile Warning Precinct 3.pdf (11/18/2009 2:04:54 PM) view
Hunt Juvenile Board Magistrates Warning Document A.pdf (11/5/2009 4:22:09 PM) view
Hunt Juvenile Board Magistrates Warning Document B.pdf (11/5/2009 4:22:57 PM) view
Hunt Juvenile Board Magistrates Warning Document C Spanish.pdf (11/5/2009 4:23:37 PM) view
Hunt Juvenile Board Magistrates Warning Form.pdf (11/5/2009 4:19:16 PM) view
Hunt Juvenile Board Standing Order Bailiff.pdf (3/12/2020 9:42:55 AM) view