Anderson District Court and County Court Plan
Preamble
11/4/2022

ANDERSON COUNTY INDIGENT REPRESENTATION PLAN

REVISED: September 30, 2022


I.

INTRODUCTION


The Anderson County Criminal Courts Board is composed of the judges of the District Courts, Constitutional County Courts, and Statutory County Courts at Law serving Anderson County. The Board may periodically impose policies, procedures and guidelines to implement this plan and guarantee effective, timely and fair representation to all indigent defendants in criminal cases.

 

II.

COUNSEL COORDINATOR

 

A Counsel Coordinator will be designated by the Criminal Courts Board. The Counsel Coordinator will act under the direct supervision of the Criminal Courts Board. All questions, issues, and problems must initially be directed to the Counsel Coordinator for appropriate handling. The Counsel Coordinator will also:

 

  1. Maintain and update the list of Qualified and Second Chair attorneys.
  2.       Receive attorney applications and investigate and track attorney qualifications.
  3. Manage intake procedures.
  4. Track cases and assignments to prevent duplication.
  5. Supervise and monitor attorney fee payments.
  6. Receive and investigate complaints against appointed attorneys.
  7. Maintain the rotation schedule of appointed attorneys.
  8. Coordinate with the Office of Court Administration.
  9.       Ensure compliance with the policies and standards of the Task Force on Indigent Defense.
  10. Assist in the County Reporting Plan and obtaining Technical Report Grants.
  11. Perform all other duties designated by the Criminal Courts Board.

 

 

 

 
Prompt Magistration
11/4/2022

III.

MAGISTRATION

 

All arrested offenders will be arraigned within twenty-four hours of arrest seven days a week. The magistrate conducting the arraignment shall conduct the probable cause hearing, set bail, inform the accused of right to counsel and give the magistrate warning using the forms attached hereto. If accused has requested counsel, the magistrate shall provide the arrested person with reasonable assistance in completing the appropriate forms and shall within, but no later than twenty-four hours, deliver the order finding probable cause and the accused’s application for appointed counsel to the Counsel Coordinator.

For persons arrested 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 twenty-four hours of the request being made.

 

Regarding the appointment of counsel, persons arrested in other counties on local warrants must be appointed counsel in the county that issued the warrant within 1 working day of receipt of the request in counties with a population of 250,000 or more and within three working days of receipt of the request in counties under 250,000. Persons arrested on out-of-county warrants must be appointed counsel in the county of arrest if the person has not been transferred or released to the custody of the county issuing the warrant before the 11th day after the date of arrest.

Indigence Determination Standards
11/4/2022

IV.

INDIGENCY DETERMINATION STANDARDS


 A. Definitions. As used in this rule:


  1.  “Net household income” means all income of the defendant and spousal income actually available to the defendant. Such income shall include: Take-home wages and salary (gross income earned minus those deductions required by law or as a condition of employment); net self- employment income (gross income minus business expenses, and those deductions required by law or as a condition of operating the business); regular payments from a governmental 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 shall be considered on an annualized basis, averaged together with periods in which the defendant has not income or lesser income.

    1. “Non-exempt assets and property” means cash on hand, stocks and bonds, accounts at financial institutions, and equity in real or personal property that can be readily converted to cash, other than assets and property exempt from attachment under state law.

     

    1. “Household” means all individuals who are actually dependent on the defendant for financial support.

     

    1. “The cost of obtaining competent private legal representation” includes the reasonable cost of support services such as investigators and expert witnesses as necessary and appropriate given the nature of the case.

B. Financial Standards for Determining Indigence. The financial standards set forth below shall be used to determine whether a defendant is indigent and shall be applied equally to each defendant in the county.

1. A defendant is considered indigent if:

 a. the defendant’s net household income does not exceed 100% of the Poverty Guidelines established and revised annually by the United States Department of Health and Human Services and published in the Federal Register [1];


 b. the value of the non-exempt assets and property owned by the defendant:


i.      does not exceed $7,500.00; or

ii.     does not exceed $10,000.00 in case of a defendant whose household includes a person who is age 60 or over, disabled, or institutionalized; or

iii.   does not exceed double the estimated cost of obtaining competent private legal representation on the offense(s) with which the defendant is charged.

 

2. A defendant is considered indigent if, at the time of requesting appointed counsel, the defendant or the defendant’s dependents have been determined to be eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security income, or public housing.


 3. A defendant is considered indigent if the defendant:


 a. is currently serving a sentence in a correctional institution, is currently held in custody, is currently residing in a public mental health facility, or is the subject of a proceeding in which admission or commitment to such a mental health facility is sought; and


 b. has no non-exempt assets or property in excess of the amounts specified in this rule.

 

A defendant who does not meet any of the financial standards above shall nevertheless be determined indigent if the defendant is otherwise unable to retain private counsel without substantial hardship to the defendant or the defendant’s dependents, taking into account the nature of the criminal charge(s), the anticipated complexity of the defense, the estimated cost of obtaining competent private legal representation for the matter charged, the amount needed for the support of the defendant and the defendant’s dependents.

 

C. Factors Not to be Considered. The following factors may not be considered in determining indigency:

 

1.     A defendant’s posting of bail or ability to post bail may not be considered in determining whether the defendant is indigent or partially indigent. Even when a defendant has posted bail, the       defendant’s financial circumstances are measured by the financial standards stated in this rule.


2.     The resources available to friends or relatives of the defendant may not be considered in determining whether the defendant is indigent. Only the defendant’s financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence.


D. Indigent Status.


 1. Presumption: 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.


 2.   Changes of Status: a defendant's status as indigent or not indigent may be reviewed in a formal hearing at any stage of a court proceeding based on evidence of a material change in the defendant’s financial circumstances. A defendant’s status as indigent or not indigent also may be reviewed in a formal hearing at any stage of a court proceeding based on additional information regarding financial circumstances, subject to the presumption. If a defendant previously determined to be indigent subsequently is determined not to be indigent, the attorney shall be compensated by the county in accordance with these rules for time reasonably expended on the case.


 3.     Payment by Defendant: a court that finds that a criminal defendant has financial resources to offset, in part or in whole, the costs of legal services provided under these rules may order the defendant to pay the county that portion of the costs of legal services provided that it finds on the record that the defendant is able to pay.

________________________________________

 

[1] Commentary: The income levels in the following table represent 100% of the U.S. Department of Health and Human Services Poverty Guidelines for 2022 as published in the Federal Register.

                                    Household Size                                    Income

1                                                          $13,590

2                                                          $18,310

3                                                          $23,030

4                                                          $27,750

5                                                          $32,470

6                                                          $37,190

7                                                          $41,910

8                                                          $46,630

 

For family units with more than eight members, add $4,720 for each additional member in the family.

Minimum Attorney Qualifications
11/4/2022

V.      

ATTORNEY QUALIFICATIONS

 

A.        Public Appointments List

 

Public Appointments Lists of attorneys qualified to represent indigent defendants as follows:

 

1.         A Misdemeanor List consisting of attorneys eligible for appointment in Class A and B misdemeanors.

            2.         A Third Degree Felony List consisting of attorneys eligible for appointment in third degree felonies, state jail felonies, and motions to revoke

                        probation.

            3.         A Second Degree Felony List consisting of attorneys eligible for appointment in second degree felonies.

            4.         A First Degree Felony List consisting of attorneys eligible for appointment in first degree felonies.

            5.         A Capital Felony List consisting of attorneys eligible for appointment in capital murder felonies.

            6.         An Appellate List consisting of attorneys eligible for appointment to direct appeals and writs of habeas corpus.

            7.         Appointment of counsel to represent a defendant in motion to adjudicate proceedings shall be from the list appropriate for the offense(s) charged.

 

B.         Attorney Requirements

 

Twice a year, on or before January 1 and July 1, attorneys may file a sworn APPLICATION TO BE PLACED ON PUBLIC APPOINTMENT LISTS FOR ANDERSON COUNTY.  To be eligible for placement on each list attorneys must have met the following minimum

qualifications.

 

1.         Misdemeanor List:

                        a.         Currently licensed and in good standing with the State Bar of Texas;

                        b.         Practiced in the area of criminal law for at least one year;

                        c.         Exhibited proficiency and commitment to providing quality representation to criminal defendants;

                        d.         Exhibited professionalism and reliability when providing representation to criminal defendants;

                        e.         Completed 6 hours of continuing legal education courses relating to criminal law as recognized by the State Bar of Texas during the previous

                                    twelve months; and

                        f.          Have tried to verdict at least two criminal jury trials as lead counsel or as second chair counsel.

 

An attorney who does not have the requisite experience to be included on the misdemeanor list may gain it in various ways, including (a) serving as hired trial counsel; (b) volunteering to serve as second chair counsel in trial by agreement with any lead counsel; (c) participating in a clinical program while in law school; (d) participating in a mentoring program sponsored by a bar association, court, or professional association; or (e) trying cases as a prosecutor.

 

2.         Third Degree Felony List:

a.         Have met the qualifications for placement on the Misdemeanor List:

b.         Have practiced in the area of criminal law for at least two years; and

                        c.         Have tried to verdict at least three criminal jury trials as lead counsel.

 

3.         Second Degree Felony List:

a.         Have met the qualifications for placement on the Misdemeanor List;

                        b.         Have practiced in the area of criminal law for at least four years; and

            c.         Have tried to conclusion at least four criminal jury trials as lead counsel, including at least three felony trials.

 

4.         First Degree Felony List:

a.         Have met the qualifications for placement on the Misdemeanor List;

                        b.         Have practiced in the area of criminal law for at least five years; and

                        c.         Have tried to verdict at least eight criminal jury trials as lead counsel, including at least six felony trials.

 

5.         Capital Felony List:

a.         Have met the qualifications for placement on the Misdemeanor List;

                        b.         Have practiced in the area of criminal law for at least six years;

                        c.         Have tried to verdict at least ten criminal jury trials as lead counsel, including at least eight felony trials, of which at least six were trials in first

                                    or second degree felonies or capital felonies and at least two of which were homicide cases; and

                        d.        For appointment in capital felony cases where the death penalty is sought the attorney must, in addition, meet the qualifications set forth below

                                   in part D.

 

6.         Appellate List:

a.         Have met the qualifications for placement on the Misdemeanor List; and

                        b.         Have met a least one of the following criteria:

                                   i.          be currently board certified in criminal law or appellate law by the Texas Board of Legal Specialization;

                                   ii.         have personally authored and filed at least 5 criminal appellate briefs or post-conviction writs of habeas corpus; or

                                   iii.        have submitted an appellate writing sample approved by a majority of the judges.

 

 

C.        Approval of Attorneys by the Judges

 

1.         In addition to meeting the objective qualifications an attorney may be placed on one or more of the appointment lists only if a majority of the Criminal Courts Board approves the attorney’s placement on each such list.

 

2.         At least twice a year, following the submission of attorney applications for the public appointment lists, the Criminal Courts Board shall evaluate the new applicants for each appointment list and the attorneys already on the lists.  The Criminal Courts Board shall approve, by majority vote, those attorneys: (1) whom meet the objective qualifications for placement on the list; and (2) whom the judges consider to be actually competent to adequately handle cases associated with the list.

 

            3.         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 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.         Once approved by the Local Judicial Board, and prior to receiving any court appointments, an applicant must sign the document entitled, “Acknowledgment of Conditions for Court-Appointed                                 Attorneys” indicating their receipt and approval of the requirements and conditions set forth within this plan.


D.        Selection and Appointment of Counsel on Death Penalty Cases

 

1.         Whenever a capital felony case is filed, the presiding judge in the district courts in which the case is filed shall appoint two attorneys at the time the initial appointment is made, unless and until the state gives notice in writing that the state will not seek the death penalty.

 

2.         Qualifications of Lead Counsel.  To be assigned as lead counsel in a death penalty case an attorney must:

                        a.         Be on the list of attorneys approved by the local selection committee of the administrative judicial region for appointment in death penalty

                                    cases as provided in Article 26.052 of the Code of Criminal Procedure;

                        b.         Have met the qualifications for placement on the Capital Felony List in this county whether or not the attorney has ever applied for placement

                                    on that list;

                        c.         Have tried to verdict at least 15 felony jury trials as lead counsel;

                        d.         Have tried to verdict two death penalty cases as first or second chair defense counsel; and

                        e.         Be approved for appointment in the case by a majority of the Criminal Courts Board.

 


3.         Qualifications of Second Chair Counsel.  To be assigned as second chair counsel in a death penalty case an attorney must:

                        a.         Be on the list of attorneys approved by the local selection committee of the administrative judicial region for appointment in death penalty

                                    cases as provided in Article 26.052 of the Code of Criminal Procedure;

b.         Have met the qualifications for placement on the Capital Felony List in this county whether or not the attorney has ever applied for placement

            on that list;

                        c.         Be approved for appointment in the case by a majority of the Criminal Courts Board.

 

 

Prompt Appointment of Counsel
11/4/2022

VI.

APPOINTMENT OF COUNSEL


Counsel shall be appointed as soon as possible to indigent defendants, but no later than the end of the third working day after the date on which the Counsel Coordinator receives the defendant’s request for court appointed counsel. Working day means Monday through Friday, excluding official state holidays.  If defendant is found indigent, counsel must be appointed whether or not a case has been filed in the trial court. For persons out of custody, counsel must be appointed at defendant's first court appearance or when adversarial judicial proceedings are initiated, whichever comes first. 

 

The Counsel Coordinator shall assign the case or cases involving defendants who meet the standard for indigency set forth  herein on a rotating basis to the next attorney on the qualified list unless the defendant has already been appointed counsel in another case.  In that event that counsel, if qualified, shall be assigned the new case or cases also.  Should the defendant bond out before the application is reviewed, the Counsel Coordinator will process the application as if the defendant was still incarcerated.  If an application is not received prior to the release of the defendant, the Counsel Coordinator will send a letter to the defendant providing them with instructions on how to request counsel if they so desire.

  

The Judges shall have the authority to appoint counsel out of order to defendants found by the Court to be indigent.  The out of order appointment shall be reported to the counsel coordinator who shall record the appointment in her records.

 

A defendant may voluntarily and intelligently waive the right to counsel.   A waiver obtained in violation of section IV.B above is presumed invalid.  If a defendant wishes to waive the right to counsel for purposes of entering a guilty plea or proceeding to trial, the court shall advise the defendant of the nature of the charges against the defendant and, if the defendant is proceeding to trial, the dangers and disadvantages of self-representation.  If the court determines that the waiver is voluntarily and intelligently waived, the court shall provide the defendant with a statement, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings.  A defendant may withdraw a waiver of the right to counsel at any time but is not entitled to repeat a proceeding previously held or waived solely on the grounds of the subsequent appointment or retention of counsel.  If the defendant withdraws a waiver, the trial court, in its discretion, may provide the appointed counsel ten days to prepare.

 

If an indigent defendant is arrested in another county based on this county's warrant, counsel will be appointed within three working day(s) of this county's receipt of the request for counsel. If a defendant is arrested in this county based on another county's warrant, counsel will be appointed for the defendant if, on the eleventh day after the arrest, the defendant is still in this county's custody.

 

If a defendant wishes to request counsel prior to the initial appearance, the forms required to request counsel may be obtained at the Texas Indigent Defense Commission's website at http://tidc/tamu.edu/public.net/ or from the Anderson County website or from the Indigent Defense Coordinator.  The defendant may submit these forms to the Indigent Defense Coordinator.  The court will rule on all requests for counsel submitted in this manner.


A. Defendants Appearing Without Counsel. In accordance with Article 1.051(j), Code of Criminal Procedure, if a defendant appears without counsel in any adversary judicial proceeding that may result in punishment by confinement:


    1. 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.
    2. If the defendant has requested appointed counsel, the court may not direct or encourage the defendant to communicate with the attorney representing the state unless the appointing authority has denied the request and, subsequent to the denial, the defendant: 

    i. Has been given a reasonable opportunity to retain and has failed to retain appointed counsel; or

    ii. Waived or has waived the opportunity to retain private counsel.

    c. The attorney representing the state may not: (1) Initiate or encourage an attempt to obtain from the defendant a waiver of the right to counsel; (2) Communicate with a defendant who has requested the appointment of counsel, unless the appointing authority has denied the request and subsequent to the denial, the defendant:

    i. Has been given a reasonable opportunity to retain counsel; or

    ii. Waives or has waived the opportunity to retain private counsel.


      Attorney Selection Process
      11/4/2022

      VII.     

      ATTORNEY SELECTION

       

      The Counsel Coordinator or the coordinator’s designee shall contact the office of the attorney assigned by sending a written assignment by either Tech Share or email.  Assignments shall be made at the beginning of each work day.  Once appointed, an attorney’s name will be moved to the bottom of the appointment 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.

       

      Assigned attorneys shall, as a condition of remaining on the list, contact and interview the defendant in accordance with the provisions of subsection (j) (1) of the Texas Fair Defense Act, by the end of the first working day after the date of the appointment and to personally interview the defendant as soon as practicable.  It is presumed that a period of five (5) working days from the day of appointment is a practicable time in which to personally interview the defendant.

       

      Each attorney appointed under this rule to represent the defendant in the trial court is appointed to represent through trial and post-trial proceedings in the trial court. At the conclusion of all proceedings in the trial court, including post-trial motions, if an indigent defendant wishes to file an appeal, the appointing judge will appoint the lawyer whose name appears next in order on the Appellate List.

       

      If the defendant does not speak English the Court shall appoint an interpreter upon being so advised by assigned counsel.

       

                 ASSIGNED ATTORNEYS MUST, AS A CONDITION OF REMAINING ON THE LIST, SET UP A "DROP BOX" ACCOUNT TO RECEIVE DISCOVERY ON A CASE. THIS COST WOULD NOT BE BILLABLE BUT WOULD BE ABSORBED IN THE FLAT-FEE.

                VIII.  

      VACATION AND CLE TRAINING

       

                  Assigned attorneys shall, as a condition of remaining on the list, adhere to the following policy on vacation and Continued Legal Education (hereinafter "CLE") training:

       

                  1.         Vacation and CLE letters must be delivered to the court thirty days before a setting to result in an automatic pass.  Fewer than thirty days notice will require a hearing before 

                              a pass may be granted.  The hearing will be set if requested by the moving attorney.

                   2.         The maximum number of business days that may be claimed for vacation during a calendar year is twenty, with an additional ten business days for CLE, for a total of  thirty business days

                               per year.

                  3.         An attorney will be ineligible for appointment to any case during any period for which the attorney has filed a vacation or CLE letter.

                  4.         The courts will consider exceptional circumstances (e.g., medical or family emergency) on a case by case basis.

       

       

                   IX.

       COMPLAINTS


                  All complaints made against appointed attorneys will be referred to the Counsel Coordinator for investigation.  All complaints will be reviewed periodically and an appointed attorney may be removed from the qualified list by a majority vote of the Criminal Courts Board. The attorney must receive notice and have the opportunity to be heard by the Board.  Such hearing will be closed and confidential.

       

        

                  X. 

      PROCEDURES FOR REMOVAL OF ATTORNEYS FROM THE COURT APPOINTED LIST


                   A.        Grounds for Removal. An attorney may be removed from the appointment list if the attorney:

                              1.         has twice or more failed to contact or interview clients in a timely manner as required by Article 26.04(j)(l), Code of Criminal Procedure and this plan;

      2.         has submitted a claim for legal services not performed as specified in Article 26.05(e), Code of Criminal Procedure;

                              3.         fails to maintain compliance with each of the appointment list guidelines;

                              4.         has been found by a court to have provided ineffective assistance of counsel;

                              5.         has violated a rule of professional responsibility;

                              6.         has been convicted of or received a deferred adjudication for any an offense, other than an offense punishable by a fine only;

      7.         under indictment or being formally charged with an offense, other than an offense punishable by a fine only; or

      8.         has intentionally misrepresented statements on the application for the appointment list; or

      9.         An attorney may also be removed from the appointment list for another stated good cause.

       


                  B.         Referral. If a judge believes that an attorney has violated any of the provisions listed in the paragraph above, the judge may refer an attorney to the board of judges for removal from the appointment list.  The referral must be in writing and shall clearly state the grounds that form the basis of the referral.  No disciplinary action with respect to the attorney being retained or removed from the appointment list may be made without such a referral.

                 

                  C.        Notification/Hearing. Upon receiving an attorney referral, the board of judges shall notify the attorney in writing of the referral and inform the attorney of the grounds that form the basis of the referral.  The notice shall also inform the attorney of the time and place the board of judges will meet to discuss the referral and give the attorney an opportunity to respond to the referral in writing or in person or both.

       

                  D.        Action. After the judges meet and give the attorney an opportunity to be heard, the judges shall determine whether the attorney should: (1) remain on the appointment list at the same level; (2) be moved to an appointment list for indigent defendants charged with less serious offenses; or (3) be removed from appointment list altogether. Additionally, the attorney may be removed from the appointment list or moved to an appointment list for indigent defendant charged with less serious offenses by a majority vote of the judges present.  The majority of the judges may also vote to require the attorney to take other rehabilitative measures. Removals from any list may be probated.


      For removal or probated removals, the judges ordering the removal may require the completing of rehabilitative measures as a condition of probation or reapplication.  An order of removal should state in the order the earliest date at which the attorney may apply for reinstatement.  An attorney who was removed from an appointment list under “Grounds for Removal”, number 6 or 7, shall be immediately reinstated upon providing proof that the charges were dismissed or that the attorney was acquitted, unless other grounds for removal exist against the attorney that would prohibit reinstatement. The decision of the board of judges is final and may not be appealed.

       

      Fee and Expense Payment Process
      11/4/2022

      XI.      

      ATTORNEY FEE SCHEDULE AND COMPENSATION OF APPOINTED ATTORNEYS

       

       The county will pay appointee counsel for all time reasonably necessary for adequate representation of the defendant, as approved by a judge, according to the following fee schedule adopted as provided under Article 26.05(b) of the Code of Criminal Procedure.

       

      1.         Appointed attorneys shall be compensated according to the following schedule:


      1. Provisions Pertaining to Hourly Compensation—With Court Approval

       

      Juvenile, Misdemeanor, and Felony Proceedings: As approved by the court, appointed attorneys shall be paid $100.00 per hour for all documented out- of-court and in-court time that is already spent on the case which reasonable professionals would agree was reasonably necessary for a qualified criminal defense attorney to represent the client.

       

      Capital Murder (Non-Death Penalty): As approved by the court, appointed attorneys shall be paid $125.00 per hour for all documented out-of-court and in-court time that is already spent on the case which reasonable professionals would agree was reasonably necessary for a qualified criminal defense attorney to represent the client. The maximum total of hourly compensation to the appointed attorney(s) shall not exceed $75,000.00 without further court approval.

       

      Capital Murder (Death Penalty): As approved by the court, appointed attorneys shall be paid $150.00 per hour for all documented out-of-court and in-court time that is already spent on the case which reasonable professionals would agree was reasonably necessary for a qualified criminal defense attorney to represent the client. The maximum total of hourly compensation to the appointed attorney(s) shall not exceed $75,000.00 without further court approval.


      1. Provisions Pertaining to Felony Trials

       

      Bench/Jury Trial (per day): For the trial of criminal cases whether to a jury or the court and including contested disposition hearings such as a motion to revoke or motion to proceed, appointed attorneys shall be paid $750.00 per day for each day of trial with a minimum amount equal to the scheduled amounts for disposition by plea or dismissal.

                                  

      1. Provisions Pertaining to Capital Cases

       

      Death Penalty Capital Cases: For the trial of death penalty cases, first chair counsel shall be paid $1,000.00 per day for each day of trial; and second- chair counsel shall be paid $750.00 per day for each day of trial.

       

      1. Disposition of Felony Cases by Plea

       

      First Degree Felony and/or (3g): $1,250.00 for plea/dismissal of a single case and $150.00 for plea/dismissal for each additional case, on the same defendant, up to a total maximum for all cases, on the same defendant, of $1,700.00.

       

      Second Degree Felony: $1,000.00 for plea/dismissal of a single case and $150.00 for plea/dismissal for each additional case, on the same defendant, up to a total maximum for all cases, on the same defendant, of $1,450.00.

       

      Third Degree Felony: $750.00 for plea/dismissal of a single case and $150.00 for plea/dismissal for each additional case, on the same defendant, up to a total maximum for all cases, on the same defendant, of $1,450.00.

       

      Motion to Revoke/Proceed: $600.00 for plea/dismissal of a single case and

      $150.00 for plea/dismissal for each additional case, on the same defendant, up to a total maximum for all cases, on the same defendant, of $1,200.00.

       

      State Jail Plea: $500.00 for plea/dismissal of a single case and $150.00 for plea/dismissal for each additional case, on the same defendant, up to a total maximum for all cases, on the same defendant, of $1,200.00.


      1. Provisions Pertaining to Misdemeanor Trials

       

      Trial Preparation: For trial preparation of criminal cases, whether to a jury or the court, appointed attorneys shall be paid $500.00 for all documented out-of-court and in-court time that is already spent on the case that reasonable professionals would agree was reasonably necessary for a qualified criminal defense attorney to represent the client. This provision is applicable only to cases which result in trial before a jury or the court.

       

      Bench/Jury Trial (per day): For the trial of criminal cases whether to a jury or the court and including contested disposition hearings such as a motion to revoke or motion to proceed, appointed attorneys shall be paid $400.00 per day for each day of trial with a minimum amount equal to the scheduled amounts for disposition by plea or dismissal.


      1. Disposition of Misdemeanor Cases by Plea

       

      Misdemeanor Plea: $500.00 for plea/dismissal of a single case and $100.00 for plea/dismissal for each additional case, on the same defendant, up to a total maximum for all cases, on the same defendant, of $800.00.

       

      Motion to Revoke/Proceed: $500.00 for plea/dismissal of a single case and

      $100.00 for plea/dismissal for each additional case, on the same defendant, up to a total maximum for all cases, on the same defendant, of $800.00.

       

      g.         Provisions Pertaining to Juvenile Proceedings

       

      Detention Hearings: Appointed counsel shall be paid $175.00 for initial detention proceedings, and $100.00 for each subsequent detention proceeding.

       

      Adjudication/Disposition: Appointed counsel shall be paid $500.00 for adjudication or disposition proceedings.

       

      Determinate Sentence: Appointed counsel shall be paid $500.00 for determinate sentence proceedings.

       

      Contested Proceedings: For any contested hearings such as motions to modify and trials, appointed attorneys shall be paid $250.00 for each half- day of the contested proceeding.

       

      h.         Provisions Pertaining to Appeals

       

      Felony Appeals: $1,500.00 to $2,000.00 for appeal of a single felony case (non-jury or jury); and $2,500.00 for appeal of multiple cases pertaining to the same defendant (jury or non-jury).


      Capital Cases: $5,000.00 for appeal of a capital (non-death penalty) case; and $10,000.00 for appeal of a capital death penalty case.

       

      Misdemeanor Appeals: $1,000.00 for appeal of a single misdemeanor case (jury or non-jury); and $1,500.00 for appeal of multiple cases pertaining to the same defendant (jury or non-jury).

       

      Juvenile Proceeding Appeals: $750.00 for appeal of any juvenile proceedings.

       

      2.         The judge presiding over the case for which the appointed attorney seeks compensation will use the following procedures to review and approve the appropriate compensation:

                              a.         The presiding judge will either approve the amount requested or enter written findings stating the amount of payment that the judge approves and each reason for approving

                                          an amount different from the requested amount.

                             b.         An attorney whose request for payment is disapproved may appeal the disapproval by filing a motion with the presiding judge of the administrative judicial region, as provided

                                         under Article 26.05(c) of the Texas Code of Criminal Procedure.

       

                  3.         Attorneys submitting fee vouchers shall use the following procedures:

                              a.         Appointed counsel must submit the request for payment on the form approved by the Anderson County Criminal Courts Board.

                              b.         Appointed counsel must submit flat fee vouchers at the time of disposition unless there are extenuating circumstances.  In those instances the voucher must be submitted within 30 days of the disposition of a case by a plea or bench trial; 60 days of disposition of a jury trial. www.indigentdefense.cuc.org

                              c.         Appointed counsel must submit voucher within 30 days of the date the mandate being returned in an appeal.

                              d.         Appointed counsel may not submit interim bills in criminal cases without first obtaining leave of court. 

                              e.         Appointed counsel shall submit only one bill for a defendant having multiple cases whether the cases are all felonies, all misdemeanors, or a combination of both felonies and

                                          misdemeanors.

      f.          Appointed counsel shall submit the fee request to the counsel coordinator for approval from the judge who presided over the final disposition of the case or cases.

                              g.         Appointed counsel shall not submit itemized statements for cases disposed by plea or dismissal unless leave of court is granted at the disposition hearing.

       

        

             XIII. 

      INVESTIGATION EXPENSES AND EXPERT WITNESS FEES

       

      The defendant has the right to the proper investigation of his case and for the appointment of expert witnesses when necessary for the defense of his case. Investigation expenses will be compensated at $50.00 per hour. Travel time from the investigator’s office to the courthouse, jail, and attorney’s office is not compensated. Mental health, ballistics, forensics, fingerprint, and DNA experts necessary for the defense of the accused shall be compensated based on the usual and normal charges for such experts in the Administrative Judicial District.

       

      The County will reimburse appointed attorney for investigation and expert witness expenses incurred on behalf of an indigent client as provided under Article 26.05(d) - (h) of the Texas Code of Criminal Procedure. Incurring frivolous, unnecessary, or improper investigation expenses could result in the removal of the attorney from the list of qualified attorneys.

       

       

      Miscellaneous
      11/4/2022
       

      XIII.

      MISCELLANEOUS PROCEDURES TO REDUCE EXPENSE OF DEFENSE AND LITIGATION

       

      The judges hereby adopt a Standard Discovery Order in all court appointed cases. Ultimately, fees incurred are dependent in part on the prosecution’s prompt and efficient preparation and trial of cases. Attorney fees and investigation expenses can be mitigated greatly by prompt decision as to charges brought and penalties sought, and by the prompt trial of cases. Cases will not be delayed because charges in other courts or federal jurisdictions are pending. The State shall bench defendants for prompt trial of their cases to whatever extent possible by law. As practicable, the Courts shall continue to give priority settings to criminal cases.

       

      XIV.

      WAIVERS

       

      The Criminal Courts Board retains authority by majority vote to waive any portion of this plan in exceptionally justified cases or when determined necessary for the fair and impartial administration of justice.

        

       

      ADOPTED: September 30, 2022

       

      CRIMINAL COURTS BOARD:

       
       
      ___________________________________________________                                                     
      Judge C. Michael Davis , Administrative Judge,
      369th Judicial District
       
       
      ___________________________________________________                                                              
      Judge Pam Foster Fletcher, 349th Judicial District
       
       
      ___________________________________________________                                                    
      Judge Mark Calhoon, 3rd Judicial District


      ___________________________________________________
       Judge Deborah Oakes Evans, 87th Judicial District


       
      ___________________________________________________
      Judge Jeff Doran, County Court-at-Law

       
       
      ___________________________________________________                                                     
      Judge Robert Johnston, County Court
       
      Plan Documents
      Anderson District and County Court Affidavit of Indigence.doc (11/20/2009 4:10:33 PM) view
      Anderson District and County Court Attorney Application for Appointment.docx (10/15/2021 4:06:20 PM) view
      Anderson District and County Court Attorney Fee Schedule.docx (7/12/2023 4:02:02 PM) view
      Anderson District and County Court Attorney Fee Voucher.doc (11/20/2009 4:12:06 PM) view
      Anderson District and County Court Complaint of Attorney Conduct.doc (11/20/2009 4:22:25 PM) view
      Anderson District and County Court Court Application for Appointment List.doc (11/24/2009 9:06:04 AM) view
      Anderson District and County Court Magistrate’s Findings and Order on Application for Court Appointed Attorney.doc (11/20/2009 4:11:29 PM) view
      Anderson District and County Court Magistrate’s Warning Form.doc (8/10/2010 9:59:16 AM) view
      Anderson District and County Court Order Appointing Attorney.doc (11/20/2009 4:14:54 PM) view