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MIDLAND COUNTY INDIGENT DEFENSE PLAN
Amended January 17, 2012
FOR THE DISTRICT COURTS, STATUTORY COUNTY COURTS AND CONSTITUTIONAL COUNTY COURT OF MIDLAND COUNTY, TEXAS
MIDLAND COUNTY INDIGENT DEFENSE PLAN
PREAMBLE iv
I. RESPONSIBILITIES OF ARRESTING OFFICER AND DETAINING AGENCY 1
II. RESPONSIBILITIES OF THE MAGISTRATE 1
A. General 1
B. Judges as Magistrates 2
C. Magistrate’s Hearing 2
D. Magistrate's Setting of Bail and Conditions of Bond 3
E. Magistrate's Finding of Probable Cause 3
F. Magistrate's Record and File 4
III. PROCEDURES FOR REQUESTING APPOINTMENT OF COUNSEL 4
A. Magistrate’s Hearing 4
B. Release of Defendant Prior to Appointment of Counsel 5
C. Defendant on Bond 5
D. Defendant's Refusal of Counsel 5
IV. FINANCIAL STANDARDS FOR DETERMINING INDIGENCE 5
A. Financial Considerations 5
1. Income 5
2. Assets and Property 6
3. Debts 6
4. Living Expenses 6
5. Dependents 6
6. Other Factors 7
B. Factors Not to be Considered 7
C. Eligibility for Court Appointed Counsel 7
D. Public Assistance 7
E. Incarceration 7
F. Substantial Hardship 7
G. Presumption of Indigence 8
H. Judicial Review 8
I. Appointment of Counsel 8
J. Denial of Appointed Counsel 8
V. STANDARDS FOR ELIGIBILITY AND JUDICIAL APPROVAL FOR PLACEMENT ON LISTS OF ATTORNEYS TO SERVE AS COURT APPOINTED COUNSEL 9
A. Appointment Lists 9
B. Attorney Application 9
C. Judicial Approval 9
D. General Standards of Eligibility 9
E. Maintaining Eligibility 10
F. Additional Standards for Misdemeanor List 11
G. Additional Standards for Non-Capital Felony Lists 11
1. State Jail and Third Degree Felonies 11
2. Second Degree and First Degree Felonies 11
H. Additional Standards for Capital Felony List 12
I. Additional Standards for Appellate and Writ List 12
J. Additional Standards for Mental Illness List 12
VI. APPOINTMENT PROCEDURES 13
A. Judicial Appointment 13
B. Misdemeanor, Felony and Capital Felony Cases 13
C. Mental Illness Cases 13
D. Extradition Cases 13
E. Duration of Appointment 13
F. Appeal 14
G. Multiple Cases with Same Defendant 14
H. Emergency Appointment 14
I. Automatic Assignments 14
VII. REMOVAL OF APPOINTED COUNSEL 14
A. Judicial Removal from Appointment Lists 14
B. Suspension from Appointment Lists 15
C. Voluntary Sabbaticals from Appointment Lists 15
D. Judicial Removal from Case 15
E. Appointment of Replacement Counsel 16
VIII. RESPONSIBILITIES OF COURT APPOINTED COUNSEL 16
A. Attorney Contact with the Defendant 16
B. Attorney Confirmation of Acceptance of Appointment 17
C. Maintain Reasonable Contact with the Client 17
D. Appear at All Court Hearings 17
IX. APPOINTMENT OF INVESTIGATORS AND EXPERTS 17
X. JUVENILE PROCEEDINGS 18
A. Designation of Responsibility for Proper Administration of Plan 18
B. Appointment of Counsel for the Detention Process 18
C. Appointment of Counsel for Formal Petition or Motion to Modify 18
D. Responsibilities of Arresting Officer and Detaining Agency 19
E. Bond 19
F. Detention Hearing 19
G. Release 19
H. Appointment Procedures 19
I. Standards for Eligibility and Judicial Approval for Placement on List of Attorney to Serve as Court Appointed Counsel in Juvenile Proceedings 20
1. Attorney Lists 20
2. Attorney Application 20
3. Juvenile Board Approval 20
4. Eligibility 20
5. Duration of Appointment 21
6. Appeal 21
7. Multiple Juvenile Proceedings 22
8. Removal from Appointment Lists 22
J. Compensation of Court Appointed Counsel 22
XI. COMPENSATION OF COURT APPOINTED COUNSEL 22
A. Fee Schedule 22
1. Guilty Plea or True Plea 22
2. Dismissal with No Reindictment and No Misdemeanor Filing 22
3. Dismissal with Misdemeanor Filing 23
4. Juvenile Detention Hearings 23
5. Contested Hearings or Trials 23
6. Out of Court Services 23
7. Capital Cases in Which the State Seeks the Death Penalty 23
8. Multiple Cases 24
9. Appellate Services 24
B. Expenses 24
C. Request for Payment 26
D. Approval or Disapproval of Request for Payment 26
E. Appeal of a Request for Payment 27
F. No Remuneration from Defendant 27
XII. MISCELLANEOUS 27
A. Adoption of Plan 27
B. Plan Not a Limitation on Court Powers 27
MAGISTRATE’S WARNING 29
MAGISTRATE'S ORDER SETTING BAIL 30
MAGISTRATE'S FINDINGS REGARDING PROBABLE CAUSE 31
AFFIDAVIT REGARDING INDIGENCE 32
FINANCIAL INFORMATION STATEMENT 33
WRITTEN ADMONISHMENTS ON WAIVER OF COUNSEL FOR TRIAL 35
ORDER APPOINTING COUNSEL 37
ORDER DENYING APPOINTMENT OF COUNSEL 38
APPLICATION TO BE PLACED ON THE LIST OF ATTORNEYS QUALIFIED FOR APPOINTMENT IN INDIGENT CRIMINAL CASES 39
ATTORNEY’S CERTIFICATION 44
JUVENILE COURT'S ORDER FOR ATTORNEY'S FEES 45
ATTORNEY’S CLAIM FORM 46
ORDER APPROVING PAYMENT OF COUNSEL 48
PREAMBLE
Every person charged with a criminal offense is entitled to representation by legal counsel. Indigent persons who are charged with a misdemeanor offense punishable by confinement or charged with any level of felony are entitled to have legal counsel appointed for them.
In compliance with the Article 26.04 of the Texas Code of Criminal Procedure, the judges of the district courts, statutory county courts and constitutional county court of Midland County, Texas adopt the following plan. The purpose of this plan is to develop and maintain procedures for the timely appointment of counsel in criminal cases and establish criteria to assure that appointed counsel meet adequate experience and training skill levels for defending appointed criminal cases.
MIDLAND COUNTY INDIGENT DEFENSE PLAN
I. RESPONSIBILITIES OF ARRESTING OFFICER AND DETAINING AGENCY
A. Unless a person is arrested pursuant to an arrest warrant, bench warrant, capias or other order of a magistrate or judge, the arresting officer must complete and file an offense report and a probable cause affidavit (which may be on one form) accusing the person of a crime at the time the person is booked into the Midland County jail. No person shall be booked into the Midland County jail, unless the above conditions are satisfied.
B. The arresting officer or the person having custody of the person arrested shall, without unnecessary delay, take the arrested person or have the arrested person taken before a magistrate. Without unnecessary delay means within 48 hours after the arrest. Every person arrested, with or without a warrant or other order of the magistrate or judge shall be taken before a magistrate.
C. At the time a person who was arrested without a warrant, capias or other order of a magistrate or judge is taken before the magistrate, the person responsible for taking such arrested person shall provide the magistrate with information necessary for the magistrate to complete the magistrate's duties, including information about the charge and an affidavit setting forth facts which the magistrate may consider, if the magistrate is required to determine probable cause.
D. If no magistrate or judge shall be found in Midland County, the arresting officer or the person having custody of the arrested person shall take the arrested person or have the arrested person taken before a magistrate or judge in a county bordering Midland County.
II. RESPONSIBILITIES OF THE MAGISTRATE
A. General
Within 48 hours of a person's arrest, a magistrate must complete certain duties, as follows:
1. give the arrested person the admonitions required by law;
2. set an appropriate amount of bail and conditions of bond, if any;
3. in cases where an individual has been arrested without an arrest warrant, capias or other order of a magistrate or judge, determine whether or not there is probable cause to believe the person committed an offense; and
4. prepare certain documentation and a file.
The Justices of the Peace of Midland County shall establish a plan for rotating the responsibility of accomplishing these duties among themselves on a periodic basis. The Justice of the Peace who has these duties for a particular period, as set forth in such rotation plan, shall perform these duties each day, Monday through Saturday.
B. Judges as Magistrates
The judges of the county court, statutory county courts and district courts of Midland County may sit as magistrates and if they do so, they shall comply with these procedures.
C. Magistrate’s Hearing
Within 48 hours of the arrest, the magistrate shall conduct a hearing (the "magistrate’s hearing") and give the arrested person (hereinafter referred to as "Defendant" or "defendant") certain admonitions required by law and complete the appropriate documentation (Form 1).
1. When a defendant is first brought before a magistrate, the magistrate shall record the date and time when the defendant was first taken into custody and the date and time when the defendant was brought before the magistrate.
2. The magistrate shall determine if the defendant can speak and understand English or if the defendant is deaf. After making such determination, the magistrate shall, in an appropriate manner consistent with Articles 38.30 and 38.31, Texas Code of Criminal Procedure, inform the defendant of the following:
a. The magistrate shall give the admonitions required by Article 15.17, Texas Code of Criminal Procedure.
b. The magistrate shall give the defendant the admonitions regarding the right to request the appointment of an attorney as required by Article 15.17(e), Texas Code of Criminal Procedure, specifically asking if the defendant wants to request appointment of counsel.
c. If the defendant is not a citizen of the United States of America, the magistrate shall give the defendant the admonitions regarding the right to consular notification, specifically asking if the defendant wants the court to notify the defendant's consular representative of the defendant's arrest or detainment.
3. An electronic or written record of the communication between the defendant and the magistrate shall be made at the magistrate’s hearing of the following:
a. the admonitions;
b. the magistrate's inquiry of the defendant regarding appointed counsel and the defendant's response; and
c. the magistrate's inquiry of the defendant regarding consular notification and the defendant's response.
The record of the magistrate’s hearing shall be maintained for the same period of time required for all official records of criminal court proceedings. Counsel for the defendant may obtain a copy of such record upon payment of a reasonable amount to cover costs of reproduction.
4. The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the defendant at the time of this hearing. (Forms 4 and 5)
5. If a magistrate has cause to believe the defendant is not mentally competent to decide whether to request counsel, the magistrate will enter a request for counsel on the defendant's behalf. The magistrate shall record this request for counsel in a way which alerts the judge making the appointment that counsel competent to represent mentally ill defendants should be appointed.
D. Magistrate's Setting of Bail and Conditions of Bond
At the magistrate’s hearing, the magistrate shall set the amount of bail and any conditions of bond for the defendant. The magistrate shall complete Form 2 in the event conditions of bond are set.
1. In cases of arrest pursuant to a warrant, capias or other order of a magistrate or judge, the magistrate shall set the amount of bail and conditions of bond, unless the amount of bail and/or conditions of bond are set by an arrest warrant and/or a related order.
2. In cases of arrest without a warrant, capias or other order of a magistrate or judge, bond shall be set at:
(a) $5,000.00 within 24 hours of arrest on misdemeanor charges; or
(b) $10,000.00 within 48 hours of arrest on felony charges;
unless the magistrate, within such respective time periods, enters a written finding of probable cause to believe the defendant committed the offense charged.
E. Magistrate's Finding of Probable Cause
Only in cases in which a person is arrested without a warrant, capias or other order of a magistrate or judge, will the magistrate make a finding of probable cause. Probable cause must be predicated on facts contained in the record which are sufficient to support a reasonable belief that the arrested person committed the offense charged, based upon one or more of the following:
1. a probable cause affidavit filed by the arresting officer;
2. an affidavit filed with the magistrate by the prosecuting attorney;
3. credible documentation filed with the magistrate, or
4. evidence presented in open court at the magistrate’s hearing.
If probable cause to arrest is not found, the magistrate shall notify the attorney representing the State and, if requested by the State, the magistrate shall postpone the release of the defendant for not more than 72 hours after the defendant's arrest, in compliance with the procedure set forth in Article 17.033, Texas Code of Criminal Procedure. If the magistrate detains any person at the State's request pursuant to this procedure, the magistrate shall notify the court which is vested with jurisdiction for the offense for which the defendant is charged.
The magistrate’s findings shall be reduced to writing as provided in Form 3.
F. Magistrate's Record and File
Immediately after the magistrate’s hearing, the magistrate shall assemble and maintain the file for the case:
1. The file shall consist of the forms completed by the magistrate and the defendant, if applicable, along with any reports, complaints, or other information provided to the magistrate by the arresting officer or the person bringing the defendant before the magistrate.
2. The magistrate shall forward, or cause to be forwarded, without unnecessary delay, but not later than 24 hours after the defendant requests appointment of counsel a complete copy of the entire file, including Form 4 and Form 5, in one package to the District Clerk.
3. Failure to complete the forms or assemble the file shall not be grounds to dismiss the charges.
III. PROCEDURES FOR REQUESTING APPOINTMENT OF COUNSEL
A. Magistrate’s Hearing
During the magistrate’s hearing, the magistrate shall inform the defendant of the right to seek a court appointed attorney and shall provide an opportunity for the defendant to request a court appointed attorney. Such defendant shall complete and file with the magistrate a sworn Affidavit Regarding Indigence (Form 4) indicating whether or not the defendant wishes to have counsel appointed and, if appropriate, the Financial Information Statement (Form 5). The magistrate will ensure the defendant has reasonable assistance in completing the forms. If the defendant does not speak or understand the English language, or if the defendant is deaf, the magistrate shall inform the person in an appropriate manner consistent with Articles 38.30 and 38.31, Texas Code of Criminal Procedure.
B. Release of Defendant Prior to Appointment of Counsel
Notwithstanding anything herein to the contrary, if an indigent defendant is released from custody prior to appointment of counsel under this section, appointment of counsel is not required until the defendant's first court appearance or until adversarial judicial proceedings are initiated or until the defendant makes or renews a request for appointment of counsel, whichever comes first. It will be presumed that such defendant's financial condition has materially improved and counsel will not be appointed, unless the defendant renews the request and discloses any changes to the information previously provided.
C. Defendant on Bond
A defendant on bond requesting appointed counsel will be advised by the judge of the court in which the case is pending to complete an Affidavit Regarding Indigence (Form 4) and the Financial Information Statement (Form 5).
D. Defendant's Refusal of Counsel
If an indigent defendant charged with a misdemeanor or felony offense refuses to apply for appointed counsel or, if a nonindigent defendant refuses to hire counsel, the judge of the court in which the case is pending will admonish the defendant as to the right to counsel, the disadvantages of pro se representation, and have the defendant execute a waiver as required by Article 1.051, Texas Code of Criminal Procedure (Form 6).
IV. FINANCIAL STANDARDS FOR DETERMINING INDIGENCE
A. Financial Considerations
The judge making court appointments of counsel for defendants shall consider the following standards for determining indigence:
1. Income
The defendant's income from any and all sources and any and all spousal income actually available to the defendant, including:
a. all net earned income from wages, salary and other compensation for personal services, including commissions, overtime pay, tips, and bonuses (gross income earned minus those deductions required by law or as a condition of employment);
b. interest, dividends, and royalty income;
c. net self-employment income (gross income from self-employment, whether positive or negative, including benefits allocated to an individual from a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor, minus ordinary and necessary expenses required to produce that income and those deductions required by law or as a condition of operating the business);
d. net rental income (gross rental income minus ordinary and necessary operating expenses and mortgage payments, but not including non-cash items such as depreciation); and
e. all other income actually being received, including but not limited to, severance pay, retirement benefits, pension, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, child support, spousal maintenance and alimony.
f. seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the defendant has no income or lesser income.
2. Assets and Property
Assets and property owned by the defendant, or in which the defendant has an interest, which are not exempt from attachment under state law, including but not limited to, cash on hand, stocks, bonds, checking, savings or other account at a financial institutions or personal property on deposit with any other person, entity, trust or estate.
3. Debts
Outstanding debts or other financial obligations of the defendant;
4. Living Expenses
The ordinary and necessary living expenses of the defendant;
5. Dependents
The number and age of the defendant's legal dependents;
6. Other Factors
Such other reasonable factors as determined by the judge regarding the financial ability of a defendant to retain counsel.
B. Factors Not to be Considered
The judge shall not consider whether the defendant has posted bail, except to the extent that it reflects on the defendant's financial circumstances. Any resources from friends or family, except spousal income available to a defendant, may not be considered.
C. Eligibility for Court Appointed Counsel
A defendant shall be deemed indigent and eligible for appointed counsel, if such defendant's income does not exceed 125% of the poverty guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register, and if the defendant's non-exempt assets and property do not exceed the defendant's debts by the lesser of:
1. $2,500;
2. $5,000 in the case of a defendant whose household includes a person who is age 60 or over, disabled or institutionalized; or
3. double the estimated cost of obtaining competent private legal representation on the offense with which the defendant is charged.
D. Public Assistance
A defendant is deemed 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.
E. Incarceration
A defendant is deemed indigent if, at the time of requesting appointed counsel, the defendant has no non-exempt assets or property in excess of the amount specified in paragraph C above and is (1) currently serving a sentence in a correctional institution; (2) currently residing in a public mental health facility or (3) the subject of a proceeding in which admission or commitment to a public mental health facility is being sought.
F. Substantial Hardship
A defendant who does not meet any of the financial standards above may 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 charges, the anticipated complexity of the defense, the estimated cost of obtaining competent private legal representation for the matter charged, and the amount needed for the support of the defendant and the defendant's dependents.
G. Presumption of Indigence
A defendant determined to be indigent is presumed to remain indigent through the entry of a final judgment in the trial court. To request appointment of counsel for appeal, a defendant must file a new Affidavit Regarding Indigence (Form 4) and a Financial Information Statement (Form 5) and disclose any changes to the information previously provided.
H. Judicial Review
A defendant's status as indigent or not indigent may be reviewed in a formal hearing at any stage of the court proceedings, based upon the following:
1. evidence of a material change in the defendant's circumstances; or
2. additional information regarding defendant's financial resources.
If a defendant who was determined to be indigent is later determined not to be indigent, the attorney previously appointed for the defendant shall be compensated by Midland County for the time reasonably expended in the case, in accordance with this plan.
I. Appointment of Counsel
After reviewing the Affidavit Regarding Indigence (Form 4), the Financial Information Statement (Form 5) and such other information bearing on the financial status of the defendant as the judge deems proper, and determining the defendant qualifies for the appointment of counsel, the judge shall enter an order (Form 7) regarding the same and the defendant shall be notified of such appointment. Appointed counsel shall notify the presiding judge of the court in which the case is pending as soon as practicable if counsel receives information that the defendant does not qualify for appointed counsel.
J. Denial of Appointed Counsel
After reviewing the Affidavit of Indigence (Form 4), the Financial Information Statement (Form 5) and such other information bearing on the financial status of the defendant as the judge deems proper, and determining the defendant does not qualify for an appointment of counsel, the judge shall enter an order regarding the same and the defendant shall be notified of the decision. (Form 8)
V. STANDARDS FOR ELIGIBILITY AND JUDICIAL APPROVAL FOR PLACEMENT ON LISTS OF ATTORNEYS TO SERVE AS COURT APPOINTED COUNSEL
A. Appointment Lists
The judges of the county court, statutory county courts and district courts shall, not less than annually, review and reform the lists of attorneys eligible for court appointments in misdemeanor and felony cases, juvenile proceedings and mental illness cases. Such lists shall be filed with the District Clerk and County Clerk and made available to the public upon request and payment of a reasonable amount to cover the costs of reproduction.
B. Attorney Application
An attorney may, at any time, file a written application to receive criminal appointments in the county and district courts of Midland County, Texas (Form 9). To be eligible for placement on a list, the attorney must meet the minimum general and additional qualifications to represent a defendant charged with the stated level of offense.
C. Judicial Approval
Notwithstanding an attorney meeting the objective qualifications described herein, an attorney's name may be placed on a specific appointment list only if a majority of the judges approve the attorney's placement on such list.
D. General Standards of Eligibility
The standards set forth herein are designed to provide qualified counsel to represent indigent defendants in criminal cases. To qualify as appointed counsel, an attorney must:
1. be licensed to practice law in the State of Texas or be admitted pro hoc vice;
2. be in good standing with the State Bar of Texas;
3. exhibit professionalism, reliability, proficiency and a commitment to providing quality representation to criminal defendants;
4. be familiar with substantive criminal law and criminal procedure;
5. neither have confessed nor been found by a court to have provided ineffective assistance of counsel;
6. maintain the attorney’s primary office in Midland County, Texas, where the defendant can meet with counsel. A post office box is not sufficient to satisfy this requirement;
7. maintain a telephone to allow the defendant or court to contact counsel;
8. have a secretary, receptionist, answering service or a regularly monitored and functioning answering machine;
9. maintain a secondary telephone line and equipment capable of receiving e-mail and facsimile transmissions twenty-four hours a day;
10. have the ability to produce typed pleadings and orders;
11. have attended and completed the State Bar of Texas Advanced Criminal Law Course within the preceding twelve (12) months prior to the initial application to be place on the list of attorneys qualified for appointments in indigent criminal cases, if applying to be placed on the felony, misdemeanor or appellate lists;
12. have attended and completed a minimum of six (6) hours of continuing legal education pertaining to juvenile law within the preceding twelve (12) months or be board certified in juvenile law by the Texas Board of Legal Specialization, if applying to be placed on the juvenile list; and
13. have on file with the current local administrative district judge, the local administrative statutory county court judge and/or the Juvenile Board, as applicable, a completed and approved application for the appointment list in felony, misdemeanor or juvenile cases. (Form 9)
E. Maintaining Eligibility
To maintain eligibility, an attorney must:
1. meet the general standards for eligibility promulgated in this plan;
2. attend and complete the State Bar of Texas Advanced Criminal Law Course within the preceding two (2) reporting periods;
3. complete a minimum of six (6) hours of continuing legal education in criminal law during the preceding reporting period;
A reporting period begins on January 1 and ends on December 31 of each year.
Continuing legal education may include activities accredited under Section 4, Article XII, State Bar Rules, self-study, teaching at an accredited continuing legal education activity, attendance at a law school class or legal research-based writing;
4. annually submit on or before December 1 to the local administrative district judge (1) an application to be placed on the list of attorneys qualified for appointments in indigent criminal cases (Form 9); (2) an affidavit detailing the continuing legal education activities completed in the preceding reporting period, including the name of each course, the date(s) attended, the name of the continuing legal education sponsor, and the number of credit hours obtained; (3) a copy of the attorney’s most recent annual verification report from the State Bar of Texas-Minimum Continuing Legal Education Department; and (4) a letter of good standing from the State Bar of Texas dated within the sixty days prior to the commencement of the next reporting period; and
5. demonstrate a consistent record of:
a. meeting promptly with assigned clients;
b. maintaining reasonable contact with assigned clients;
c. timeliness for court appearances; and
d. preparation for court hearings and trials.
F. Additional Standards for Misdemeanor List
An attorney must have practiced in the area of criminal law for at least six months; or participate in a mentoring program to serve as co-counsel with one or more experienced criminal defense attorneys in three criminal (non-class C) jury trials, at least one of which is a jury trial in either the statutory county courts or district courts of Midland County; or be board certified in criminal law by the Texas Board of Legal Specialization.
G. Additional Standards for Non-Capital Felony Lists
1. State Jail and Third Degree Felonies
To qualify for appointment to any case for which the punishment range is state jail and third degree felony punishment range, including newly indicted cases, motions to revoke community supervision, and motions to revoke community supervision and adjudicate guilt, an attorney must have:
a. practiced in the area of criminal law for at least one (1) year; and
b. tried to verdict at least two criminal jury trials as lead or co-counsel; or participate in a mentoring program with one or more experienced criminal defense attorneys in at least two criminal jury trials in the statutory county courts or district courts of Midland County; or be board certified in criminal law by the Texas Board of Legal Specialization.
2. Second Degree and First Degree Felonies
To qualify for appointment to any case for which the punishment range is that for a second and first degree felony, including newly indicted cases, motions to revoke probation, and motions to revoke probation and adjudicate guilt, an attorney must have:
a. practiced in the area of criminal law for at least three (3) years; and
b. tried to a verdict at least three (3) criminal (non-class C) jury trials as lead counsel, at least two of which were felony jury trials; or be board certified in criminal law by the Texas Board of Legal Specialization.
H. Additional Standards for Capital Felony List
1. Lead trial counsel must be on the list of attorneys approved by the local selection committee of the Seventh Administrative Judicial Region of Texas for appointment as lead trial counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.
2. Second chair counsel must be on the list of attorneys approved by the local selection committee of the Seventh Administrative Judicial Region of Texas for appointment as lead trial counsel or second chair counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.
3. Lead appellate counsel must be on the list of attorneys approved by the local selection committee of the Seventh Administrative Judicial Region of Texas for appointment as lead appellate counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.
I. Additional Standards for Appellate and Writ List
An attorney must meet at least one of the following criteria:
1. be currently board certified in criminal law by the Texas Board of Legal Specialization; or
2. have personally authored and filed a least three criminal appellate briefs or post-conviction writs of habeas corpus; or
3. have submitted an appellate writing sample approved by a majority of the judges; or
4. have worked as a briefing clerk of an appellate court for a period of one year or more.
J. Additional Standards for Mental Illness List
An attorney must:
1. have one year experience in handling mental illness applications (through serving as hired counsel, volunteering to serve as co-counsel or observation of a least three mental illness hearings);
2. become knowledgeable with the provisions of the Texas Health and Safety Code; and
3. have completed at least three hours of approved continuing legal education in the representation of mentally ill persons.
VI. APPOINTMENT PROCEDURES
A. Judicial Appointment
After reviewing the Affidavit Regarding Indigence (Form 4), the Financial Information Statement (Form 5) and such other information bearing on the financial status of the defendant as the judge deems proper, and after determining the defendant qualifies for the appointment of counsel, the judge shall enter an order (Form 7) not later than 72 hours after the judge receives the defendant's request for appointment of counsel. The defendant shall be notified of such appointment.
B. Misdemeanor, Felony and Capital Felony Cases
Upon receiving a request for appointed counsel and making a finding of indigence, the judge making the appointment shall review the appropriate list of attorneys and make the appointment on a rotating basis in accordance with Article 26.04, Texas Code of Criminal Procedure. For good cause, the appointing judges may depart from the appointment rotation. To be appointed at arraignments, the attorney must be present in court.
C. Mental Illness Cases
Upon receiving a request for appointed counsel and making a finding of indigence, the judge making the appointment shall review the appropriate list of attorneys and make the appointment with the first available attorney, due to the time restrictions imposed by statute.
D. Extradition Cases
Upon receiving a request for appointed counsel and making a finding of indigence, the judge making the appointment shall review the appropriate list of attorneys and make the appointment with the first available attorney, due to the time restrictions imposed by statute.
E. Duration of Appointment
The appointed attorney shall represent the defendant until (1) a judgment of conviction, acquittal or dismissal is signed; (2) post trial proceedings are completed; (3) an appeal to an intermediate court of appeals is exhausted; (4) the attorney is removed by the court in accordance with this plan; or (5) the attorney is replaced by other counsel.
F. Appeal
At the conclusion of all trial proceedings, including any post-trial motions, if an indigent defendant wishes to appeal, the judge of the court where the case is pending shall appoint an attorney from the appellate list, in accordance with the procedures set forth herein.
G. Multiple Cases with Same Defendant
Notwithstanding the foregoing procedures, a judge may appoint as the attorney in the case, the attorney representing the defendant in other pending cases, so long as the attorney meets the qualifications for appointment in all of the cases.
H. Emergency Appointment
If no attorney meeting the continuing legal education or board certification requirements required in Section V is available by the time an attorney must be appointed in a case, another attorney may be appointed.
I. Automatic Assignments
The levels of criminal appointments in Midland County are 1st degree, 2nd degree, 3rd degree and state jail felonies, misdemeanors, juvenile, appointments. If an attorney is approved for a higher level of cases, the attorney will automatically be placed on the lower level cases unless the attorney specifically requests to be exempted from a specific level of case, subject to approval of the District and County Court at Law Judges.
VII. REMOVAL OF APPOINTED COUNSEL
A. Judicial Removal from Appointment Lists
An attorney may be removed from one or more appointment lists by a majority of the judges, whenever the judges determine that the attorney:
1. has twice or more failed to contact or interview clients in a timely manner as required by Article 26.04(j)(1), Code of Criminal Procedure;
2. has twice or more been removed from a case in the previous twelve (12) month period;
3. has submitted a claim for legal services not performed as specified in Article 26.05(e), Code of Criminal Procedure;
4. fails to maintain compliance with each of the appointment list guidelines;
5. has not been found by a federal or state court to have rendered ineffective assistance of counsel during the trial of any criminal case nor filed documents admitting having rendered ineffective assistance of counsel in any criminal case;
6. has violated a rule of professional responsibility;
7. has been convicted of or received a deferred adjudication for any offense, other than an offense punishable by fine only;
8. is under indictment or being formally charged with an offense, other than an offense punishable by a fine only;
9. has intentionally misrepresented statements on the application for the appointment list;
10. has accepted an appointment for an offense level for which the attorney has not been approved by a majority of the judges; or
11. has engaged in conduct constituting good cause for removal.
The judges may, in their discretion, remove an attorney from one list while continuing to approve the attorney for another list.
B. Suspension from Appointment Lists
As an alternative to removal, an attorney may be suspended from receiving any appointments under this plan by a majority of the judges, whenever the judges determine that the attorney has failed to comply with the requirements imposed upon counsel by this plan. An initial suspension shall be for a period not to exceed 90 days. Any action necessitating a second suspension may be for a period of not less than 180 days or be grounds for removal as set forth above.
C. Voluntary Sabbaticals from Appointment Lists
At any time, upon notice and for good cause shown, an attorney or a judge may request that the attorney be placed on a temporary sabbatical from appointments to represent indigent defendants. Good cause may include various factors including illness, workload and scheduling difficulties. Should the attorney desire to be placed on a list at the conclusion of a voluntary sabbatical, the attorney must comply with all plan requirements in effect at the time the voluntary sabbatical is concluded.
D. Judicial Removal from Case
The judge presiding over a criminal case may remove appointed counsel upon entering a written order showing good cause for such removal, including without limitation, the following:
1. counsel's failure to appear at arraignment or a court hearing, or failure to comply with the requirements imposed upon counsel by this plan;
2. current information about the defendant and the charges against the defendant indicates that another qualified attorney is appropriate for the defendant under these rules;
3. replacement of appointed counsel in a death penalty case is required under Article 26.052(e), Texas Code of Criminal Procedure;
4. the appointed counsel shows good cause for being removed. Good cause includes various factors such as illness, workload and scheduling difficulties;
5. the defendant requests an attorney, other than trial counsel, for appeal or post-conviction habeas corpus proceedings; or
6. the defendant shows good cause for removal of counsel, including counsel's persistent or prolonged failure to communicate with the defendant.
E. Appointment of Replacement Counsel
Whenever appointed counsel is removed under this section, replacement counsel shall immediately be selected and appointed in accordance with the procedures described in this plan.
VIII. RESPONSIBILITIES OF COURT APPOINTED COUNSEL
A. Attorney Contact with the Defendant
1. The appointed attorney shall secure a copy of the magistrate’s file from the District Clerk’s office and shall make a reasonable effort as required under Article 26.04(j)(1), Texas Code of Criminal Procedure to contact the defendant by the end of the first working day after the date of the appointment by mail, facsimile, telephone or in person.
2. By the end of the third working day after the date of the appointment, the appointed attorney shall have a person to person conference with the defendant, if the defendant is incarcerated.
3. By the end of the seventh working day after the date of the appointment, the appointed attorney shall have a person to person conference with the defendant, if the defendant is not incarcerated.
B. Attorney Confirmation of Acceptance of Appointment
The appointed attorney is required to provide the District Clerk, by the end of the tenth working day after the date of the appointment, a written confirmation (Form 10) that the attorney has:
1. received the notice of appointment and a copy of the magistrate’s file;
2. made the reasonable effort required under Article 26.04(j)(1), Texas Code of Criminal Procedure to contact the defendant by the end of the first working day after the date of the appointment; and
3. had a person to person conference with the defendant by the end of the third working day after the date of the appointment, if the defendant was incarcerated.
4. had a person to person conference with the defendant by the end of the seventh working day after the date of the appointment, if the defendant was not incarcerated.
C. Maintain Reasonable Contact with the Client
An appointed attorney shall maintain reasonable contact with a defendant. Reasonable contact means prompt response to telephone calls from the defendant and sufficient personal jail visits or office conferences to keep the defendant informed of the status of the case.
If a defendant is incarcerated, the attorney shall maintain contact and confer with the defendant every 14 days at a minimum. In the event prompt contact with an incarcerated defendant is not feasible, the attorney shall notify (1) the appointing judge if the case is unindicted or (2) the presiding judge of the court if the case is indicted.
D. Appear at All Court Hearings
IX. APPOINTMENT OF INVESTIGATORS AND EXPERTS
A. The courts will appoint investigators and experts, as required by law, which are reasonable and necessary to aid appointed counsel in the defense of indigent defendants in felony cases.
B. Appointed counsel in capital and noncapital cases shall file motions requesting the appointment of investigators and experts which are reasonable and necessary to the defense of the defendant, setting forth the name of the proposed investigator(s) or expert(s) to be retained and the estimated expense related to such appointment. The appropriate court may enter orders regarding such appointment(s), with or without a hearing.
C. In a capital case, appointed counsel desiring an ex parte appointment of an investigator or expert, shall file motions requesting the appointment of investigators and experts which are reasonable and necessary to the defense of the defendant, setting forth the name of the proposed investigator(s) or expert(s) to be retained and the estimated expense related to such appointment, and present such motions directly to the court in which the case is pending. If the judge approves of the ex parte appointment, orders pertaining to the same shall be filed with the clerk of the court, but retained by the court, until after trial.
X. JUVENILE PROCEEDINGS
A. Designation of Responsibility for Proper Administration of Plan
The Juvenile Board of Midland County, consisting of the district, statutory county court and the constitutional county court judges of Midland County, designates the juvenile court judge as the person who is primarily responsible for the administration of the procedures of this plan relating to juveniles.
B. Appointment of Counsel for the Detention Process
When a juvenile enters the juvenile justice system, contract counsel is immediately appointed without inquiring whether the child or the child's parents are indigent and without requiring a request for counsel. Contract counsel remains the child’s counsel throughout the detention process. The Juvenile Board provides contract counsel for detention hearings, so that each child facing a possible detention is represented. The Juvenile Board's contract counsel is an independent contractor who represents each child in the detention hearings for a fixed fee per child, per new detention. The contract counsel remains the child's attorney, unless and until a formal petition or motion to modify is filed.
C. Appointment of Counsel for Formal Petition or Motion to Modify
1. When a formal petition or motion to modify is filed with the juvenile court, the designated juvenile judge's court administrator immediately assigns appointed counsel for the child from the approved juvenile appointment list on a rotational basis. If the State's filing seeks a modification, the original counsel who served during the adjudication stipulation or trial will be appointed, if possible, even if this causes an appointment out of the rotational sequence, because of such counsel's familiarity with the child, family and the juvenile's history.
2. The designated juvenile court judge, his/her designee, or a member of the Juvenile Board shall sign an order making the formal appointment of the counsel assigned by the court's administrator. Except as to a modification motion appointment, referred to in C.1. above, any departure from the rotational sequence must be approved by the juvenile court judge and written findings made in the record.
D. Responsibilities of Arresting Officer and Detaining Agency
1. Unless a juvenile is arrested pursuant to a directive to apprehend, an arrest warrant, capias or other order of a magistrate or judge, an arresting officer must complete and file an offense report accusing the juvenile of a jailable misdemeanor, any felony, contempt of court, driving while intoxicated, other delinquent conduct or conduct indicating a need for supervision as defined in Section 51.03, Texas Family Code at the time the juvenile is booked into the Barbara Culver Juvenile Justice Center. No juvenile shall be detained in the Barbara Culver Juvenile Justice Center, unless the above conditions are satisfied.
2. Runaways from foreign jurisdictions and children subject to the Uniform Interstate Compact on Juveniles may also be detained and will be handled pursuant to the provisions of the Compact.
3. Runaways from Midland County or the local area may be detained for only 24 hours or less in either the Barbara Culver Juvenile Justice Center or in a contract facility provided by the Juvenile Probation Department, such as "The Stay Together Program" of High Sky Children's Ranch, Midland, Texas.
E. Bond
The Juvenile Code does not provide for bonds in juvenile proceedings. The referring law enforcement agency, the Director of the Juvenile Probation Department or the juvenile court judge may release the juvenile to the juvenile's parent(s) or legal guardian(s) prior to the detention hearing. Conditions of release may be imposed.
F. Detention Hearing
Within two working days after the initial detention of the juvenile, the juvenile court judge or designated magistrate shall conduct the detention hearing, at which the juvenile will be represented by counsel, either appointed, retained or contract counsel.
G. Release
Juvenile detainees will be released after the expiration of ten working days, unless good cause is shown to request a subsequent detention hearing. Conditions of release may be imposed.
H. Appointment Procedures
The juvenile court judge or the juvenile court judge’s designee shall make an appointment as provided in this section.
I. Standards for Eligibility and Judicial Approval for Placement on List of Attorney to Serve as Court Appointed Counsel in Juvenile Proceedings
1. Attorney Lists
The Juvenile Board shall review and reform the lists of attorneys eligible for court appointments in juvenile proceedings at least annually. Such lists shall be filed with the County Clerk, posted on the bulletin board in the designated juvenile court judge’s office and made available to the public upon request and the payment of a reasonable amount to cover the cost of reproduction at the County Clerk’s office, the office of the juvenile court judge or the Barbara Culver Juvenile Justice Center.
2. Attorney Application
An attorney may, at any time, file a written application for appointments in juvenile proceedings as provided in this section. To be eligible for placement on a juvenile proceeding list, the attorney must meet the minimum general qualifications set forth in Section V hereof and the additional qualifications to represent a defendant set forth in this section.
3. Juvenile Board Approval
Notwithstanding an attorney meeting the objective qualifications to be appointed in juvenile proceedings, an attorney’s name may be placed on a specific appointment list only if the Juvenile Board approves the attorney’s placement on each such list.
4. Eligibility
a. To be eligible for placement on the juvenile list, the attorney must meet the minimum general standards of eligibility set forth in Section V(D).
b. In addition, counsel applying for appointments in all juvenile proceedings must:
1. annually complete a minimum of six (6) hours of continuing education pertaining to juvenile law during each twelve (12) month reporting period, or
2. be board certified in juvenile law by the Texas Board of Legal Specialization.
Continuing legal education may include activities accredited under Article XII, Section 4, State Bar Rules, self-study, teaching at an accredited continuing legal education activity, attendance at a law school class or legal research-based writing.
c. Qualifications for juvenile appointment cases and mentoring requirements:
1. The Juvenile Board recognizes the need for a difference in qualifications and experience necessary for appointment to trial and appellate cases.
(i) Trial and appellate cases in which there is an allegation that there is conduct indicating a need for supervision or delinquent conduct and commitment to the Texas Youth Commission is not an authorized disposition shall require counsel qualified and approved for misdemeanor cases.
(ii) Trial and appellate cases in which there is an allegation that there is delinquent conduct and commitment to the Texas Youth Commission without a determinate sentence is an authorized disposition shall require counsel qualified and approved for state jail and 3rd degree felony cases.
(iii) Trial and appellate cases where determinate sentence proceedings have been initiated or proceedings for discretionary transfer to criminal court have been initiated, shall require counsel qualified and approved for capital or 1st and 2nd degree felony cases.
2. Applicants for juvenile appointments who are not qualified under I.4.a. and b. above, must participate in a mentoring program with approved counsel by twice observing an adjudication/disposition hearing and consulting with either State’s attorney or approved counsel as to the juvenile hearings involving modifications and waivers of jurisdiction (Family Code, Section 54.02);
3. Applicants for appointment to juvenile appellate cases who have practiced at least one year, but have never conducted a juvenile appeal must participate in a mentoring program by consulting with the State's attorney or an appellate-approved counsel as to the intricacies of juvenile appellate procedure, particularly as to how it differs from adult criminal appeals. Upon verification and successful completion of the mentoring process, counsel may be considered for appointment to juvenile appellate cases.
5. Duration of Appointment
The appointed attorney shall represent the juvenile until the charges are dismissed, the juvenile is acquitted, post-trial proceedings are completed, an appeal is exhausted, the attorney is relieved of his/her duties by the court or the attorney is replaced by other counsel.
6. Appeal
At the conclusion of the juvenile proceedings, including any post-trial motions, if an indigent juvenile wishes to appeal, the judge of the court where the case is pending shall appoint an attorney from the appellate list, in accordance with the procedure set forth herein.
7. Multiple Juvenile Proceedings
Notwithstanding the above procedures set forth above, a judge may appoint the attorney representing the juvenile in other pending cases, so long as the attorney meets the qualifications for appointment in all of the cases.
8. Removal from Appointment Lists
An attorney may be removed from an appointment list by the Juvenile Board or may receive a sabbatical from an appointment list, as provided in Section VII hereof.
J. Compensation of Court Appointed Counsel
Counsel appointed in a juvenile proceeding shall be compensated as set forth in Section XI.
XI. COMPENSATION OF COURT APPOINTED COUNSEL
A. Fee Schedule
Pursuant to Article 26.05, Texas Code of Criminal Procedure, as amended, the county court, statutory county court and district courts of Midland County with criminal jurisdiction, having taken into consideration the reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, have adopted the following schedule of fees for the compensation of counsel appointed to represent a defendant in a criminal proceeding:
1. Guilty Plea or True Plea
Counsel shall be compensated at a fixed rate of $500.00 for each felony criminal proceeding resulting in a negotiated plea, $300.00 for each misdemeanor criminal proceeding resulting in a negotiated plea and $300.00 to $400.00, at the judge’s discretion, for each juvenile criminal proceeding resulting in a stipulation. The fee is inclusive of all court appearances, out of court services performed and expenses incurred by counsel in the proceeding.
2. Dismissal with No Reindictment and No Misdemeanor Filing
Counsel shall be compensated at a fixed rate of $250.00 if a felony criminal proceeding is dismissed, whether before or after indictment and no misdemeanor charge is filed. The fee is inclusive of all court appearances, out of court services performed and expenses incurred by counsel in the proceeding.
3. Dismissal with Misdemeanor Filing
In the event the dismissal is for the purpose of filing a misdemeanor charge against the same defendant, no fee shall be paid for the dismissal of the felony charged. Counsel shall be compensated at the felony rate.
4. Juvenile Detention Hearings
Appointed or contract counsel shall be compensated at the rate of $50.00 per child, per new detention.
5. Contested Hearings or Trials
Counsel shall be compensated at the following fixed daily rates:
a. Adult arraignments $ 50.00
b. Pretrial hearings without testimony $100.00
c. Pretrial hearings with testimony $100.00 to $200.00
d. Out of court services $100.00 per hour not to exceed a total of fifteen (15) hours.
e. Trial Half day rate $500.00
Full day rate $800.00
6. Out of Court Services
Out of court services means the reasonable and necessary time of counsel for conferences, negotiation and trial preparation in criminal proceedings resulting in a contested trial. It does not include routine legal research. Legal research on novel or unusual matters may be compensated, upon prior written approval of the court.
7. Capital Cases in Which the State Seeks the Death Penalty
a. Lead trial counsel shall be compensated at an hourly rate of $150.00 per hour for all services performed, not to exceed a total amount set by the presiding judge of the court in which the case has been assigned. The total fee shall be set by the presiding judge based upon the prevailing standards throughout the state for compensation of appointed counsel in capital cases, and the complexity of the case.
b. Second chair counsel shall be compensated at an hourly rate of $100.00 per hour for all services performed, not to exceed a total amount set by the presiding judge of the court in which the case has been assigned. The total fee shall be set by the presiding judge based upon the prevailing standards throughout the state for compensation of appointed counsel in capital cases, and the complexity of the case.
8. Multiple Cases
Unless circumstances justify additional compensation, if a defendant has multiple cases which are disposed on or about the same time, counsel shall be compensated as though there was only one case.
9. Appellate Services
a. For appeals of death penalty sentences, counsel shall be compensated at an hourly rate of $150.00 per hour, not to exceed a total amount set by the presiding judge of the court in which the case has been assigned. The total fee shall be set by the presiding judge based upon the prevailing standards throughout the state for compensation of appointed counsel in appeals of death penalty sentences, and the complexity of the case.
b. For all other appeals, counsel shall be compensated at an hourly rate of $100.00 per hour, not to exceed $2000.00.
c. If appellate counsel was not the trial counsel, additional compensation may be authorized for the reading of the statement of facts at the rate of one hour for each day of trial testimony.
d. Upon prior written court approval, counsel shall be reimbursed for reasonable and necessary expenses to appear before an appellate court, including transportation, lodging and meals. Reimbursement shall be at the rates authorized by the Commissioners Court of Midland County, Texas for reimbursement of travel expenses of county employees.
B. Expenses
In addition to attorney's fees, appointed counsel shall be entitled to reimbursement of reasonable and necessary expenses, as follows:
1. In a felony, misdemeanor or juvenile case without prior written court approval, counsel shall be reimbursed for the following expenses:
a. actual cost of long distance telephone charges incurred for the investigation and preparation of the case;
b. actual cost of collect calls received from a defendant, if such defendant is incarcerated;
c. actual cost incurred to obtain medical records of the defendant for the investigation and preparation of the case;
d. actual cost of copying or printing multiple copies of the appellate brief or writ furnished to the court of appeals or the Court of Criminal Appeals;
e. actual cost of mailing or shipping multiple copies of the appellate brief or writ furnished to the court of appeals or the Court of Criminal Appeals;
2. In a non-capital felony, misdemeanor or juvenile case with prior written court approval, counsel shall be reimbursed for the following expenses in accordance with Article 26.05, Texas Code of Criminal Procedure:
a. expenses incurred for investigation and preparation of the case; and
b. expenses incurred for mental health and other experts.
3. In a capital felony case with prior written court approval, counsel shall be reimbursed for the following expenses in accordance with Articles 26.052(f) and (g), Texas Code of Criminal Procedure:
a. expenses incurred for investigation and preparation of the case; and
b. expenses incurred for mental health and other experts.
4. In a capital felony case without prior written court approval, counsel shall be reimbursed for the following expenses in accordance with Article 26.052(h), Texas Code of Criminal Procedure:
a. expenses incurred for investigation and preparation of the case; and
b. expenses incurred for mental health and other experts.
5. Reimbursement of expenses incurred for purposes of investigation or expert testimony may be paid directly to a private investigator licensed under chapter 1702, Texas Occupations Code or the Private Investigators and Private Security Agencies Act, Article 4413 (29bb) of Vernon's Texas Civil Statutes or to an expert witness in the manner designated by appointed counsel and approved by the court.
6. An application for payment of expenses shall itemize each expense, including the date the expense was incurred, a brief description of the expense, and the amount of the expense. Grouping of several expenses under one time charge or one date shall not be permitted.
7. Appointed trial counsel shall not be compensated for time spent in travel without approval of the court.
8. Having taken into consideration reasonable and necessary overhead costs in adopting this fee schedule, counsel shall not be otherwise reimbursed for expenses which are considered part of the usual and customary overhead of a law office, such as secretarial, paralegal, photocopying, postage, and facsimile transmission charges or expenses, supplies and local telephone charges.
C. Request for Payment
Counsel shall make a request for payment of services and expenses as set forth herein:
1. No payment shall be made until a request for payment conforming to this order is submitted to the judge presiding over the proceedings and the judge approves the payment. The court shall not act upon a request for payment that does not conform to the requirements of this order.
2. Application for payment shall be upon a form promulgated by the courts (Form 12). Payments in juvenile cases shall be upon a form promulgated by the Juvenile Board (Form 11). All services shall be billed in increments of tenths of an hour. Telephone conferences shall be billed in increments of not more than one-tenth of an hour (.10), except for good cause shown. All services shall be itemized for each separate service performed, including the date of the service, a brief description of the service and the time required to perform the service. Grouping of several services under one time charge shall not be permitted. All expenses shall be itemized for each separate expense incurred, including the date of the expense, a brief description of the expense and the amount of the expense. Grouping of several expenses under one charge shall not be permitted.
3. Applications for payment shall be timely filed. An application for fees for trial services and related expenses shall be deemed timely filed if it is presented to the court within thirty (30) days of the date of sentencing, acquittal or dismissal of the proceeding. An application for fees for appellate services and related expenses shall not be presented until the filing of the defendant's brief in the appellate court, and shall be deemed timely filed if it is presented within thirty (30) days after the date the brief is filed. The court may refuse any application not timely filed.
D. Approval or Disapproval of Request for Payment
Upon receipt of a request for payment, the judge presiding over the proceedings shall review the request and submit it for payment, if approved. If a request for payment is not approved, in whole or in part, the judge shall make written findings stating the amount approved and each reason for the difference from the amount requested.
E. Appeal of a Request for Payment
If a request for payment is not approved, in whole or in part, an attorney may make an appeal by filing a motion with the presiding judge of the administrative judicial region, as provided under Article 26.05(c), Texas Code of Criminal Procedure. Any such appeal shall be governed by the rules for the appeal of a trial court’s disapproval of a requested court appointed attorney’s fee, as adopted by the Seventh Administrative Judicial Region of Texas.
F. No Remuneration from Defendant
An appointed attorney shall not accept any remuneration from or on behalf of a defendant whom the court has determined to be indigent.
XII. MISCELLANEOUS
A. Adoption of Plan
The Midland County Indigent Defense Plan has been adopted by the county court, statutory county court and district court judges and by the Juvenile Board as a countywide program for appointing counsel for the representation of indigent defendants charged with criminal offenses in such courts under Article 26.04(g), Texas Code of Criminal Procedure.
B. Plan Not a Limitation on Court Powers
Nothing within the Midland County Indigent Defense Plan limits the inherent powers of the respective courts, including but not limited to the following:
1. the power to appoint attorneys in the interest of justice;
2. the power to administer the docket; and
3. the power to maintain the efficient functioning of the court.
SIGNED and ORDERED this 13th day of October, 2011.
_________________________________ _
GEORGE D. GILLES, 142nd District Court
Juvenile Board
_________________________________ _
JOHN G. HYDE, 238th District Court
Juvenile Board
__________________________________
DEAN RUCKER, 318th District Court
Juvenile Board
__________________________________
ROBIN MALONE DARR, 385th District Court
Juvenile Board
___________________________________
RODNEY W. SATTERWHITE, 441st District Court
Juvenile Board
__________________________________
K. KYLE PEELER, County Court at Law
Juvenile Board
__________________________________
MARVIN L. MOORE, County Court at Law #2
Juvenile Board
__________________________________
MICHAEL R. BRADFORD, County Judge
Juvenile Board
Law Enforcement Agency:_____________________ Court #: ________________________
Date Of Arrest:__________________________ County/State: __________________
Time Of Arrest:__________________________ Warrant #, If Any: ______________
Place Of Arrest:_________________________ Bail Set: $ _______________
HAS A PROBABLE CAUSE AFFIDAVIT BEEN FILED? (YES ( NO
MAGISTRATE’S WARNING
----------------------------------
THE STATE OF TEXAS §
COUNTY OF _________________ §
Before me, the undersigned, magistrate of Midland County, Texas on the ______ day of_______________, at_______o’clock AM/PM., appeared ____________________________________________________. I gave said person the following warning:
❑ You are charged with the offense of ____________________________________________ ρ a felony ρ a misdemeanor
❑ You have a right to hire an attorney to represent you.
❑ You have the right to have an attorney present prior to and during any interview and questioning by peace officers or attorneys representing the State.
❑ You have the right to remain silent.
❑ You are not required to make a statement, and any statement you make can and may be used against you in court.
❑ You have the right to stop any interview or questioning at any time.
❑ You have the right to have an examining trial (felonies only).
❑ You have the right to request appointment of counsel if you cannot afford counsel. *
*THE MAGISTRATE SHALL ENSURE THAT THE PERSON IS INFORMED OF THE FOLLOWING PROCEDURES:
a. That an application for a court appointed attorney must be completed to determine if he/she qualifies for a court appointed attorney;
b. That reasonable assistance will be provided to him/her when filling out the application for a court appointed attorney, if needed;
c. That a financial affidavit must be signed;
d. That an affidavit is a written or printed declaration or statement of facts made voluntarily and confirmed by oath before a person having authority to administer such oath;
e. That if he/she meets indigence standards he/she will qualify for court appointed attorney; and,
f. Attorney should attempt to contact him/her by the end of the first working day after appointment and to interview him/her as soon as practicable after appointment. If appointment is made when the accused is before the court, the accused will be given the attorney’s name, address, and phone number.
If you are not a United States citizen and you have been arrested or detained, you may be entitled to have us notify your country’s consular representatives here in the United States. Do you want us to notify your country’s consular officials?
ρ No. _____________ ρ Yes. _____________
ρ If you responded “yes,” what country? __________________________________.
If you are a citizen of a country that requires us to notify your country’s consular representative, we shall notify them as soon as possible.
THE ACCUSED DOES / DOES NOT WANT TO REQUEST COURT APPOINTED ATTORNEY.
Circle One
I acknowledge that I was given the above ________________________________________________________
warning (This is NOT an admission of guilt): Magistrate
__________________________________ Place of warning:
Person warned Time:
Date:
Accused refused to sign acknowledgement Witness (if any):
of warning: Name:
Address:
___________________________________
Magistrate
Remarks: This hearing was interpreted by: _______________________________________
(Name of Interpreter)
CAUSE NO. F-_______
THE STATE OF TEXAS * IN THE JUSTICE COURT
*
V. * OF MIDLAND COUNTY, TEXAS
*
_______________________ * PRECINCT _________
MAGISTRATE'S ORDER SETTING BAIL
On this date, Defendant appeared before me. Bail in this case has not been previously set or denied. Bail is hereby set at $__________, subject to the following terms and conditions:
___ Driving While Intoxicated conditions:
(1) have installed on the motor vehicle owned by Defendant or on the vehicle most regularly driven by Defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and
(2) not operate any motor vehicle unless the vehicle is equipped with a deep-lung breath analysis mechanism device.
___ Defendant is accused of an offense under one of the following chapters or sections of the Texas Penal Code and the alleged victim is a child 12 years of age or younger:
(1) Chapter 21 (Sexual Offenses);
(2) Chapter 22 (Assaultive Offenses);
(3) Section 25.02 (Prohibited Sexual Conduct); or
(4) Section 43.25 (Sexual Performance by a Child).
Therefore, the bond shall be conditioned that the defendant not communicate, directly or indirectly, with the alleged victim of the offense or go near a residence, school, or other location, as specifically described below, frequented by the alleged victim.
___ The following reasonable condition(s) of bond related to the safety of the victim of the alleged offense or to the safety of the community:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
This document constitutes the record of this proceeding under Article 15.17(e), Texas Code of Criminal Procedure.
Dated______________________
______________________________________
Magistrate
CAUSE NO. F-_______
THE STATE OF TEXAS * IN THE JUSTICE COURT
*
V. * OF MIDLAND COUNTY, TEXAS
*
_______________________ * PRECINCT _________
MAGISTRATE'S FINDINGS REGARDING PROBABLE CAUSE
(Defendant Arrested without a Warrant, Capias or other Order of a Magistrate or Judge)
Charge:________________________________________________________________
___ On this date, based upon the attached complaint and other evidence presented, the undersigned magistrate finds there is probable cause to believe that Defendant committed the crime alleged in this cause. Having found probable cause, bail is set according to the order setting bail dated this same day.
___ On this date, the undersigned magistrate does not find probable cause that Defendant committed a crime and Defendant shall be released from custody after posting a bond as follows:
___ (Misdemeanor) in the amount of $5,000.00; or
___ (Felony) in the amount of $ $10,000.00.
___ On this date, the undersigned magistrate did not find probable cause that Defendant committed a crime and the District Attorney filed an application to postpone Defendant's release on bond for a period of time not more than 72 hours after Defendant's arrest.
This document constitutes the record of this portion of the proceeding under Article 15.17, Texas Code of Criminal Procedure.
SIGNED on _________________, 20___, at ___:___ ___m.
______________________________________
Magistrate
CAUSE NO. ____________
STATE OF TEXAS * IN THE ____________ COURT _________
*
V. * OF
*
* MIDLAND COUNTY, TEXAS
_______________________ * _________ JUDICIAL DISTRICT
AFFIDAVIT REGARDING INDIGENCE
STATE OF TEXAS
COUNTY OF MIDLAND
The undersigned appeared in person before me today and stated under oath:
My name is ________________________. I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
I am the defendant in this case. I have been advised by the court of my right to representation by counsel in the trial of the charges pending against me.
_____ I certify that I have the means to employ counsel and I decline appointment of counsel in the trial of the charges pending against me.
_____ I certify that I am without means to employ counsel of my own choosing and I hereby request the court to appoint counsel for me.
________________________________
Defendant
________________________________
Street Address
________________________________
City, State, Zip
Signed under oath before me on the _____ day of _____________, 20__.
___________________________________________
Signature of Person Administering Oath
Name Printed: _______________________________
Title: ______________________________________
CAUSE NO.____________________
FINANCIAL INFORMATION STATEMENT
|YOUR FULL NAME: | |
|YOUR ADDRESS: | |
(The items applicable to the undersigned are checked, the information
called for is furnished under penalties of perjury)
1. I am unable to hire an attorney because:
( ) I am presently receiving a government entitlement based on indigence:
If you are receiving a government entitlement describe nature and amount and skip to the signature page and sign.
Nature:_______________________________________Amount:_______________________
( ) I have no ability to hire an attorney based on facts set out below. If you checked this, please complete this entire statement.
2. Employment information:
( ) I am not now employed; the last date I was employed was _______________;
( ) I am employed; I work for _________________________________________
The nature of my job is ________________________________________________
The income I receive from this job is $________________ per _________________
3. Any other income:
TYPE OF INCOME AMOUNT PER PERIOD
_______________________ _____________________________
_______________________ _____________________________
4. Spouse’s Income
( ) My spouse has no income
( ) My spouse has income as follows:
TYPE OF INCOME AMOUNT PER PERIOD
_______________________ _____________________________
_______________________ _____________________________
5. Property:
( ) I own no property and no interest in any property.
( ) I own the following interests in property:
Real Estate: _______________________________________________________
Motor Vehicles: ___________________________________________________
Other: ____________________________________________________________
Cash: _____________________________________________________________
6. Bank Accounts
BANK TYPE OF ACCOUNT AMOUNT
___________________ _______________________ ______________
___________________ _______________________ ______________
7. Dependents:
( ) I have no dependents
( ) I have ____________ (number) dependent(s):
Names and ages of Dependants:
___________________________________________________________________________
___________________________________________________________________________
8. ( ) I have no debts
( ) I have the following debts
CREDITOR AMOUNT
__________________________________________ _____________________
__________________________________________ _____________________
9. I have the following monthly expenses:
TYPE OF EXPENSE AMOUNT PER MONTH
__________________________________________ _____________________
__________________________________________ _____________________
__________________________________________ _____________________
By signing my name below, I swear or affirm that the above financial information is current, true and correct, and contains a full complete accounting of my monthly income from all sources, my monthly expenses, my assets and liabilities.
_____________________________________
Defendant
Sworn and subscribed before me the ______day of ___________________, A. D. 20___.
___________________________________
Signature of Person Administering Oath
Printed Name: _______________________
Title: _______________________________
CAUSE NO. _____________
STATE OF TEXAS * IN THE ____________ COURT _________
*
V. * OF
*
* MIDLAND COUNTY, TEXAS
_______________________ * _________ JUDICIAL DISTRICT
WRITTEN ADMONISHMENTS ON WAIVER OF COUNSEL FOR TRIAL
On this day, the Court admonishes the defendant in writing of the dangers and disadvantages of self-representation, as follows:
(a) that there are substantive laws that apply to the defendant's case and technical rules of evidence and procedure that govern the admission of evidence and the course of a trial and that the defendant will be bound by the substantive law and the rules of evidence and procedure and all other rules in the same manner as a lawyer;
(b) that the defendant will be granted no special consideration because the defendant is not a lawyer and may not know or understand the substantive laws or rules that govern the admission of evidence and the course of a trial;
(c) that the Court will not help the defendant or explain the substantive law or rules to the defendant;
(d) that because the defendant may not know the substantive law that applies to the defendant's case or the rules of evidence of evidence and procedure that govern the admission of evidence and the course of the trial, the defendant may fail to assert and thereby give up a defense that the defendant might have to the offense charged against him or her or waive an error committed by the State or the Court;
(e) that the defendant cannot claim ineffective assistance of counsel if the defendant chooses represent himself or herself;
(f) that the defendant cannot defend himself or herself in this case as well as a lawyer could defend the defendant; and
(h) that by electing to represent himself or herself in this cause, the defendant is responsible for his or her defense.
The Court further informs the defendant in writing that if the defendant chooses to represent himself or herself, the defendant does not have the right to the appointment of standby counsel to advise and assist the defendant, but that the Court may appoint standby counsel to advise and assist the defendant.
SIGNED this ________ day of ____________, 20_____.
______________________________________
JUDGE PRESIDING
CERTIFICATION
I, ________________, Judge sitting for the _____ District Court of Midland County, Texas, certify that a true and correct copy of the foregoing written admonishments was delivered to the defendant in this cause in open court on the ________ day of ____________, 20_____.
_____________________________________
JUDGE PRESIDING
ACKNOWLEDGEMENT BY DEFENDANT
I have been advised on this day, by the judge of the *** COUNTY COURT *** COUNTY COURT AT LAW *** DISTRICT COURT *** of my right to representation by counsel in the trial of the charge pending against me. I have been advised by the court of the dangers and disadvantages of self-representation in this case. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding the dangers and disadvantages of self-representation in this case, my right to counsel, and my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive my right to counsel and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel.
SIGNED this ________ day of ____________, 20_____.
______________________________________
DEFENDANT
CR-_____________
STATE OF TEXAS * IN THE ____________ COURT _________
*
V. * OF
*
* MIDLAND COUNTY, TEXAS
_______________________ * _________ JUDICIAL DISTRICT
ORDER APPOINTING COUNSEL
ON THIS DAY, came on for consideration the need for counsel to be appointed to represent Defendant in the instant cause. The court is of the opinion Defendant needs counsel in this case and, after considering Defendant's affidavit regarding indigence, the court is of the opinion Defendant is without sufficient financial means to employ an attorney to represent him/her in this matter.
IT IS ORDERED that ________________________, a practicing attorney, is hereby appointed to represent Defendant in this case and such attorney shall represent Defendant until (1) a judgment of conviction, acquittal or dismissal is signed; (2) post-trial proceedings are completed; (3) an appeal to the court of appeals is exhausted; (4) the attorney is removed by the court in accordance with the Midland County Indigent Defense Plan; or (5) the attorney is replaced by other counsel.
SIGNED this ________ day of ____________, 20_____.
______________________________________
JUDGE PRESIDING
Copies to:
DISTRICT ATTORNEY
HONORABLE _____________________
DEFENDANT
JAIL AND/OR BONDSMAN
Article 26.04(a), Texas Code of Criminal Procedure
CR-_____________
STATE OF TEXAS * IN THE ____________ COURT _________
*
V. * OF
*
* MIDLAND COUNTY, TEXAS
_______________________ * _________ JUDICIAL DISTRICT
ORDER DENYING APPOINTMENT OF COUNSEL
ON THIS DAY, came on for consideration the need for counsel to be appointed to represent Defendant in the instant cause. After considering Defendant's affidavit regarding indigence, and financial information questionnaire, the court is of the opinion that Defendant has sufficient financial means to employ an attorney to represent him/her in this matter.
IT IS ORDERED that Defendant's request for court appointed counsel is denied.
SIGNED this ________ day of ____________, 20_____.
______________________________________
JUDGE PRESIDING
Copies to:
DISTRICT ATTORNEY
HONORABLE _____________________
DEFENDANT
JAIL AND/OR BONDSMAN
Article 26.04(a), Texas Code of Criminal Procedure
APPLICATION TO BE PLACED ON THE LIST OF ATTORNEYS QUALIFIED FOR APPOINTMENT IN INDIGENT CRIMINAL CASES
I, ________________________________________________________, State Bar Card Number ______________________________________, request that my name be placed on the list of attorneys qualified for appointment in the following cases:
TRIALS:
( first and second degree felony[1]
( third degree and state jail felony[2]
( misdemeanor
( mental illness
( juvenile
APPEALS AND WRITS:
( felony
( misdemeanor
( juvenile
In compliance with the provisions of the Midland County Indigent Defense Plan, I swear or affirm that I meet the following standards:
1. I am licensed to practice law in the State of Texas or to be admitted pro hac vice.
2. I am a member in good standing of the State Bar of Texas. A letter of good standing from the State Bar of Texas dated within the sixty days prior to my application is attached.
3. I have exhibited professionalism, reliability, proficiency and a commitment to providing quality representation to criminal defendants.
4. I am familiar with substantive criminal law and criminal procedure.
5. I have attended and completed the State Bar of Texas Advanced Criminal Law course within the preceding 12 months prior to the initial application to be placed on the list of attorneys qualified for appointments in indigent criminal cases when applying to be placed on the felony, misdemeanor or appellant list. For supplement applications I certify I have attended and completed the State Bar of Texas Advanced Criminal Law Course within the preceding two (2) reporting periods.
6. I have attended and completed a minimum of 6 hours of continuing legal education pertaining to juvenile law within the preceding 12 months or I am board certified in juvenile law by the Texas Board of Legal Specialization.
7. I maintain my primary office in Midland County, Texas where the defendant can meet with counsel. I acknowledge that a post office box is not sufficient to satisfy this requirement.
8. I have not been found by a federal or state court to have rendered ineffective assistance of counsel during the trial of any criminal case nor have I filed documents admitting that I have rendered ineffective assistance of counsel in any criminal case.
9. I maintain a telephone to allow the defendant or court to contact counsel.
10. I have a secretary, receptionist, answering service or a regularly monitored and functioning answering machine.
11. I maintain a secondary telephone line and equipment capable of receiving e-mail and facsimile transmissions twenty-four hours a day.
12. I have the ability to produce typed pleadings and orders.
13. I certify the following (please complete the following for each level of cases for which you are seeking appointment):
|For appointment in first and second degree felony cases: |
|( Initial application only: I have attended and completed the State Bar of Texas Advanced Criminal Law Course within the |
|preceding twelve months; or |
|( Subsequent applications: I have attended and completed the State Bar of Texas Advanced Criminal Law Course within the |
|preceding two (2) reporting periods; and |
|( I have practiced in the area of criminal law for _____ years (at least three years required); and |
|( I have tried to verdict at least three criminal (non Class C) jury trials, at least two of which were felony jury trials. |
|Please attach statement indicating each case number, style of case and court in which each case was tried; or |
|( I am board certified in criminal law by the Texas Board of Legal Specialization. |
|For appointment in third degree and state jail felony cases: |
|( Initial application only: I have attended and completed the State Bar of Texas Advanced Criminal Law Course within the |
|preceding twelve months; or |
|( Subsequent application: I have attended and completed the State Bar of Texas Advanced Criminal Law Course or within the |
|preceding two (2) reporting periods; and |
|( I have practiced in the area of criminal law for _____ years (at least one year required); and |
|( I have tried to verdict at least two criminal jury trials as lead or co-counsel. Initial application only: Please attach |
|statement indicating each case number, style of case and court in which each case was tried); or |
|( I have participated in a mentoring program with one or more experienced criminal defense attorneys in at least two criminal |
|jury trials in the statutory county courts or district courts of Midland County. Initial application only: Please attach |
|statement indicating each case number, style of case and court in which each case was tried; or |
|( I am board certified in criminal law by the Texas Board of Legal Specialization. |
|For appointment in juvenile cases: |
|( I have attended and completed a minimum of six hours of continuing legal education pertaining to juvenile law within the |
|preceding twelve months; or |
|( I am board certified in juvenile law by the Texas Board of Legal Specialization. |
|( I am qualified and approved for misdemeanor cases. |
|( I am qualified and approved for state jail and third degree felony cases. |
|( I am qualified and approved for capital or first and second degree felony cases. |
|( I have participated in a mentoring program with approved counsel for juvenile appellate cases. Initial application only: |
|Please attach statement indicating each case number, style of case and court in which each case was tried. |
|( I have participated in a mentoring program with approved counsel by twice observing an adjudication disposition hearing and |
|consulting with either State’s attorney or approved counsel as to the juvenile hearings involving modification and waivers of |
|jurisdiction (or “certification”). Initial application only: Please attach statement indicating each case number, style of |
|case and court in which each case was tried. |
| |
|For appointment to appeals or post-conviction writs: |
|( I am board certified in criminal law by the Texas Board of Legal Specialization; or |
|( I have personally authored and filed at least three criminal appellate briefs or post-conviction writs of habeas corpus. |
|Initial application only: Please attach statement indicating each case number, style of case and appellate court in which case |
|was heard; or |
|( I have submitted an appellate writing sample to be approved by a majority of the judges; or |
|( I have worked as a briefing clerk of an appellate court for a period of one year or more. |
| |
|I wish to be appointed to the following appellate case(s): |
|( felony |
|( misdemeanor |
|( juvenile. See current Midland County Indigent Defense Plan for additional requirements. |
|For appointment to mental illness cases: |
|( I have one year experience in handling mental illness applications through serving as hired counsel, volunteering to serve as |
|co-counsel or observation of at least three mental illness hearings; and |
|( I have become knowledgeable with the provisions of the Texas Health and Safety Code; or |
|( I have completed at least three hours of approved continuing legal education in the representation of mentally ill persons. |
|For appointment to misdemeanor cases: |
|( Initial application only: I have attended and completed the State Bar of Texas Advanced Criminal Law Course within the |
|preceding twelve months; or |
|( Subsequent applications: I have attended and completed the State Bar of Texas Advanced Criminal Law Course within the |
|preceding two (2) reporting periods; and |
|( I have practiced in the area of criminal law for at least 6 months; or |
|( I have participated in a monitoring program to serve as co-counsel with one or more experienced criminal defense attorneys in |
|3 criminal (non-class C) jury trials, at least one of which is a jury trial in either the statutory county courts or district |
|courts of Midland County, Texas; or |
|( I am board certified in criminal law by the Texas Board of Legal Specialization. |
14. I have read the current Midland County Indigent Defense Plan.
15. I have participated in the following continuing legal education courses or other training relating to criminal defense:
|Name of Course/Training |Date Attended |Name of Provider |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
A copy of my most recent Annual Verification Report from the State Bar of Texas-Minimum Continuing Legal Education Department is attached.
___________________________________
Signature of Affiant
________________________________
Mailing Address
________________________________
City/State/Zip
( )_____________________________
Office Telephone Number
( )_____________________________
Facsimile Number
________________________________
E-mail Address
SWORN TO and subscribed to before me this ________ day of ____________________, 20____.
____________________________________
Notary Public in and for the State of Texas
My commission expires: _________________
NOTE TO APPLICANT:
For this application to be complete, you must include:
1. a letter of good standing from the State Bar of Texas dated within the sixty days prior to your application; and
2. a copy of your most recent Annual Verification Report from the State Bar of Texas-Minimum Continuing Legal Education Department.
Placement on any list is for a period beginning January 1 or upon approval of an application, whichever is later and ending December 31 of each year. In order to be maintained on the list for the following calendar year, the attorney must complete an application and submit the required documentation to the local administrative district judge on or before December 1 of each year.
CAUSE NO. _____________
STATE OF TEXAS * IN THE ____________ COURT _________
*
V. * OF
*
* MIDLAND COUNTY, TEXAS
_______________________ * _________ JUDICIAL DISTRICT
ATTORNEY’S CERTIFICATION
In the instant cause, the undersigned attorney has performed the following:
_____ 1. I received the notice of appointment and a copy of the magistrate’s file.
_____ 2. I made a reasonable effort to contact the defendant by the end of the first working day after the appointment by mail, facsimile, telephone or in person.
_____ 3. I have not made such reasonable efforts because _______________________
______________________________________________________________
_____ 4. I had a person to person conference with the defendant by the end of the third working day after the date of the appointment, if the defendant was incarcerated.
_____ 5. I had a person to person conference with the defendant by the end of the seventh working day after the date of the appointment, if the defendant was not incarcerated.
_____ 6. I have not had such person to person conference because ______________________________________________________________
______________________________________________________________
SIGNED this ______ day of ________________, 20___.
______________________________________
ATTORNEY
CAUSE NO. ___________
IN THE MATTER OF * IN THE COUNTY COURT AT LAW
* SITTING AS A JUVENILE COURT
___________________________ * MIDLAND COUNTY, TEXAS
JUVENILE COURT'S ORDER FOR ATTORNEY'S FEES
Hearings indicated below were held as to the juvenile designated above:
_____ Detention
_____ Adjudicated/Disposition by stipulation
_____ Modification
_____ Waiver of Jurisdiction/Certification
_____ Trial, Bench or Jury
_____ Dismissed
The Court appointed ______________________________________, an attorney, to represent the interest of the child.
The Court finds that the child's parent(s) are financially able to either employ or contribute toward the employment of an attorney to represent the child, whose right to representation the Court will not waive.
IT IS HEREBY ORDERED that the appointed attorney receive a reasonable attorney's fee of $_________ for the representation of the child and the juvenile's parent(s) reimburse Midland County, Texas, the sum of $_______________________________ by ________________________, for or toward such fees with payments thereon to be made to the Midland County Juvenile Probation Department.
SIGNED this ______ day of ________________, 20___.
______________________________________
JUDGE PRESIDING
ATTORNEY’S CLAIM FORM
[pic]
[pic]
CAUSE NO. _____________
STATE OF TEXAS * IN THE ____________ COURT _________
*
V. * OF
*
* MIDLAND COUNTY, TEXAS
*
____________________________ * _________ JUDICIAL DISTRICT
ORDER APPROVING PAYMENT OF COUNSEL
The Court has determined the defendant in the above entitled and numbered cause to be indigent and without sufficient means to employ an attorney to represent him or her in the above entitled and numbered cause; and the Court appointed the below named attorney or attorneys to represent the said defendant as required by law,
IT IS THE ORDER OF THE COURT that Midland County pay the said attorney or attorneys and the investigator the amounts stated.
SIGNED _____________________.
________________________________________________
JUDGE PRESIDING
_________________________ COURT
MIDLAND COUNTY, TEXAS
______________________________ ______________________________
AMOUNT OF PAYMENT AMOUNT OF PAYMENT
_______________________________ ______________________________
ATTORNEY ATTORNEY/INVESTIGATOR
_______________________________ ______________________________
ADDRESS ADDRESS
_______________________________ ______________________________
CITY/STATE/ZIP CITY/STATE/ZIP
INDIGENT DEFENSE EXPENDITURE INFORMATION:
TYPE OF CASE NUMBER OF CASES CAUSE NUMBERS
COVERED BY FEE
( Adult Felony __________________ __________________________________________
( Adult Misdemeanor __________________ __________________________________________
( Adult Felony Appeal __________________ __________________________________________
( Adult Misdemeanor Appeal __________________ __________________________________________
( No Charges Filed-Adult __________________ __________________________________________
( Juvenile __________________ __________________________________________
( Juvenile Appeals __________________ __________________________________________
( No Charges Filed-Juvenile __________________ __________________________________________
-----------------------
[1] Attorneys placed on list of attorneys qualified for appointment as first and second degree felony cases will also be placed on the list of attorneys qualified for appointment in third degree and state jail felony cases, misdemeanor cases and motions to revoke community supervision.
[2] Attorneys placed on list of attorneys qualified for appointment as third degree and state jail felony cases will also be placed on the list of attorneys qualified for appointment in misdemeanor cases and motions to revoke community supervision.
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