Harris Public Defender: Habeas writs possible over improperly seized commissary funds after court-cost ruling

Harris County Public Defender Alex Bunin commented in response to Grits' item yesterday on court cost litigation at Texas' 14th Court of Appeals, predicting that "counties (not just Harris) will be hard pressed to recreate a proper bill of costs for the prisoners who are having their commissary funds siphoned off for unproven fees. I expect some will file writs since the court of appeals said the issue is not waived for failure to object in the trial court."

Interesting. So as I understand that, TDCJ prisoners from Harris County (or other counties that don't produce a "bill of cost") may be able to file habeas corpus writs if they had commissary funds improperly confiscated over un-documented court costs. That would have to be litigated, but as Texas' largest county, we're talking about a LOT of folks. And of course, that commissary money has already been seized and spent.

This affects a lot of folks: 1) the counties (especially judges and district clerks) who may have improperly charged the money, and in many cases are likely still doing so 2) TDCJ who may have seized inmate funds based on insufficient documentation, and 3) TDCJ prisoners out of Harris County, and likely elsewhere, who Bunin believes may be able to file habeas writs to have their commissary funds reinstated, or at least the ones seized for court costs.

If those habeas writs started to roll in and were successful, would the county or the state have to foot the bill for replenishing TDCJ commissary funds? Would the state programs funded themselves be on the hook, e.g., would the Crime Victim Compensation Fund have to pay people back? ¿Quien sabe? The Court of Criminal Appeals conceivably could see hundreds or even thousands of writs on this topic out of Harris County alone on older cases. Stay tuned.

Harris County loses expensive $234 judgment on court costs

An appellate court has ruled that all court fees in Harris County criminal cases, going back for some indeterminate amount of time, are invalid if the county did not produce a written "bill of cost" documenting their source, as the county apparently, routinely failed to do. Moreover, the issue need not have been preserved at trial for court costs to be appealed. The implications are potentially profound.

Great Day for Justice in Texas

Hello everyone! It’s Ana Yáñez-Correa again.

Today is a great day for justice in Harris County and across Texas. Leah Pinney and I attended the Task Force on Indigent Defense Board Meeting today, where we were reminded of the value of grace and perseverance in seeking justice.

• The Task Force unanimously approved the grant proposal for the new Harris County Public Defender Office. I don’t have to say that this is an historic occasion for Harris County, and it is due to the amazing work of Senator Ellis, his staff, and long-time advocates (and our dear friends) from Harris County: Mary L. Ramos, Howard Jefferson, Rev. William A. Lawson, Rev. Robert Jefferson, and others. We also want to acknowledge the hard work of Harris County officials in collaborating with Task Force staff to create a strong proposal for the new public defender office. This office is a monumental undertaking that will include misdemeanor mental health and appellate divisions, both scheduled to begin taking cases on February 1, 2011, as well as juvenile and felony trial cases which will begin a year later. Here you will find an article from the Houston Chronicle about Harris County's grant.

• In addition to the Harris County Public Defender Office, the Task Force awarded discretionary funds to help establish Montgomery County’s Managed Assigned Council Program (MACP). It is the first of its kind in Texas and will provide direct client services to indigent defendants suffering from mental health issues. Modeled in part after the San Mateo County Bar Association Private Defender Program in California, the Montgomery County program is unique in Texas because it will be led by attorneys in the local defense bar. The MACP will provide specially trained defense attorneys, case management, and investigative/expert services to assist defendants on the county’s mental health docket. Once the program is running at full capacity, county officials estimate that a panel of 12 private attorneys will serve a client base of approximately 600 indigent defendants. This well-considered program includes objectives to measure attorney performance, which provides increased accountability, and reduce recidivism. It truly presents great potential for replication in other counties across Texas. I had a chance to speak with Judge Cara Wood before today’s meeting and she seems genuinely excited about getting this program up and running. Considering all the potential for this program (including greater independence from the judiciary), Judge Wood and the rest of Montgomery County have plenty to be excited about.

To learn more about the Task Force's Discretionary Grant Program, click here for a newly developed one-pager.

• As important as these new opportunities for public defense in Texas are, today was particularly meaningful because the Task Force voted to forward the final recommendations, nearly a year of work in the making, by the Timothy Cole Advisory Panel to a wide range of stakeholders. In attendance were the family members of Timothy Cole – an innocent man mistakenly identified, wrongfully prosecuted, and convicted, who later died while in prison. His family members continued to demonstrate their amazing grace with policy-makers, stakeholders, and justice system practitioners. They knew their son and brother was innocent and stood by him through his dying day as the justice system failed repeatedly, and their response to this injustice was to move forward and build relationships with those who are charged with ensuring justice in Texas. Even today, they honor him in their continued dedication to ensuring that known best practices become a reality in the Texas justice system. The family thanked the Timothy Cole Advisory Panel members and the Task Force for their work, culminating in specific recommendations for best practices in eyewitness identification procedures, the recording of custodial interrogations, and evidence discovery procedures, as well as expanded opportunities for DNA testing for post-conviction proceedings.

As those who struggle to shape public and administrative policy often focus on consensus building and necessary compromise to achieve even modest reforms, today we are reminded of the tremendous suffering and loss that occurs everyday as we move slowly, but (we hope) surely, toward justice. Although this is just one day and one step forward in the process – and there are many more ahead – each of us should be motivated to continue to push for real and complete implementation of these reforms. We must continue to pursue even more justice than we thought possible because someone in Texas is waiting on it right now.

But in light of today’s great accomplishments, we must recognize the Task Force board members, the Task Force Director, Jim Bethke, and his dedicated team for their amazing work in collaborating with a diverse range of stakeholders and community advocates to move each of these projects forward successfully!