Sunday, October 27, 2013

Details on new TX reporting requirements for appointed counsel

The Texas Indigent Defense Commission (TIDC) had issued guidelines regarding new county reporting requirements (pdf) for appointed counsel for indigent defendants in criminal cases under HB 1318, which was passed earlier this year by the Texas Legislature. (See an "implementation guide" related to the bill prepared by the Texas Criminal Justice Coalition.) Attorneys must submit their first caseload reports on or before October 15, 2014, but the TIDC released the guidelines earlier this month to give everyone plenty of lead time. Here's what appointed attorneys must submit beginning next year:
(1) the percentage of an attorney’s total practice time (time spent in legal practice in all jurisdictions) that was dedicated to work on trial and appeal appointments in adult criminal cases in that county’s district and county courts during the fiscal year beginning on the preceding October 1 and
(2) the percentage of an attorney’s total practice time that was dedicated to work on trial and appeal appointments in juvenile delinquency cases (cases alleging delinquent conduct or conduct indicating a need for supervision) in that county’s district and county courts during the fiscal year beginning on the preceding October 1.
Then, on November 1 of next year, Texas counties must report the following to TIDC:
(1) the number of appointments in the county for criminal and juvenile delinquency cases (cases alleging delinquent conduct or conduct indicating a need for supervision) made to each attorney accepting appointments in the county and
(2) information provided to the county by those attorneys under Article 26.04(j)(4), Code of Criminal Procedure (i.e., the percentage of practice time devoted to appointed criminal and juvenile delinquency work in that county).
The system will be designed so the state can compile attorney's caseloads across counties. That should make for some interesting news stories when the first reports come out.

TIDC is holding a workshop for counties this week - see a related press release (pdf) and a 223-page workbook (pdf) for attendees -  to discuss details of the new reporting and related indigent defense issues.

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