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Page 1
Ethics: Texas Fair
Defense Act
Professor Robert O. Dawson Juvenile Law Institute
18
th
Annual Juvenile Law Conference
February 1-3, 2005
Wesley Shackelford
Special Counsel, Task Force on Indigent Defense
e-mail: wesley.shackelford@courts.state.tx.us
Page 2
Good Defense = Good Government
Indigent Defense Work as Public Service:
“A lawyer should render public interest legal
service. A lawyer may discharge this
responsibility by providing professional services
at no fee or a reduced fee to persons of limited
means or to public service or charitable groups or
organizations. . . “
-Rule 6.1 of the Model Rules of Professional Conduct
Page 3
Good Defense = Good Government
General Concepts:
• System of private assigned counsel means that the
private defense bar is providing a key government
function
• Adversarial judicial system relies on zealous
representation to see justice is done
• Same level of commitment is owed to paying clients
as to indigent clients even though pay may be lower
• Defense attorneys must carefully balance public
appointments and retained clients
Page 4
Good Defense = Good Government
General Concepts:
• Public defense is successful where component parts
of the system work together
• Zealous advocacy in court must be balanced with
cooperation on system of public defense
Page 5
Good Defense = Good Government
Role of Defense Attorneys
• Organize the local criminal/juvenile defense bar into
formal or informal associations to be represented in
public defense discussions
• Advocate for additional resources or procedures
needed to provide high quality public defense
services (locally and at state level)
• Report problems or grievances about system to local
policymakers and the Task Force
Page 6
Good Defense = Good Government
Role of Defense Attorneys
• Build public support for indigent defense
services through community groups, public
officials, and media
• Private defense attorneys play important role to
assure the system meets their needs and those
of indigent defendants
• Role is more important when no public
defender office exists as institutional
representative for defense interests
Page 7
Good Prosecution = Good Government
Role of Prosecutors
“It shall be the primary duty of all prosecuting
attorneys … not to convict, but to see that justice
is done.”
-Article 2.01, Code of Criminal Procedure
Page 8
Good Prosecution = Good Government
Role of Prosecutors
• Work with defense bar, courts, and others to improve
system of providing justice
• Work effectively with probation department (especially
initial case processing)
• Assure that law enforcement officers files reports in a
timely manner
• Promptly review cases that are filed in your office
Page 9
Good Judiciary = Good Government
Role of Judges
• Responsible for system of indigent defense to assure
capable representation is provided to indigent juveniles
• Actions Judges can take to get highly qualified counsel:
• Actively recruit qualified attorneys
• Act on attorney fee vouchers promptly
• Schedule hearings so that attorneys can handle
multiple cases with one trip to juvenile court (esp. if
away from courthouse)
Page 10
Good Judiciary = Good Government
Role of Judges
Task Force study found best indigent defense
systems included:
• Active judicial leadership with approach that includes
stakeholder involvement
• Problem-solving mindset
• Use of field experiments to test different approaches
• Networking with other counties for new ideas
Page 11
Good Probation = Good Government
Role of Juvenile Probation Officer
• Dedicated court probation officer(s) can facilitate
communication about cases between defense and
prosecution
• Probation officers may explain court process and the role of
probation prior to counsel being appointed
• Probation officers can assist court in notifying juveniles and
their parents about appointment of counsel process
Page 12
Bottom Line
Efforts of Everyone is Needed for
an Effective Indigent Defense
System
Page 13
State Reporting Requirements
1. Report Indigent Defense Plan Information–
Annually by January 1
st
2. Report County Indigent Defense Expenditure
Data- Annually by November 1
st
Page 14
Juvenile Plan Requirements
• Establish Attorney Qualifications
• Establish Attorney Selection Method
• Prompt Access to Counsel
• Standards for Determining Indigence
• Process to Pay Fees/Expenses
Page 15
Task Force Duties
• Collect indigent defense plans and
expenditure reports from counties
• Distribute state grant funds to counties
• Develop policies and standards related to
indigent defense services
• Provide technical support to improve
indigent defense systems and
compliance with state laws
Page 16
Expenditures on Indigent
Defense Services
Total Direct Court Expenditures:
FY 01 - $82 million
FY 02- $102 million ($9 million Juvenile Court)
FY 03- $117 million ($12 million Juvenile Court)
FY 04- $124 million ($13 million Juvenile Court)
Page 17
Increased Number of Indigent
Defense Cases
Juvenile Cases:
• Cases increased 22% from FY 2002-2004
• FY 2002 = 43,375 cases
• FY 2004 = 53,097 cases
Criminal Cases:
• Cases increased 33% from FY 2002-2004
• FY 2002 = 278,479 cases
• FY 2004 = 371,167 cases
Page 18
Projects on the Horizon
Potential Projects:
• Develop best practices/guidelines in
following areas:
•
Contract Counsel Systems
•
Performance standards
•
Caseload standards
• Create substantive monitoring program
• Create annual conference on indigent
defense practices
Page 19
Trends in Indigent Defense
• New public defender offices with Task Force grants:
• Bexar County (criminal appeals)
• Hidalgo County (misdemeanor criminal)
• Mental Health Issues
• New Mental Health units in El Paso and Dallas public
defender offices
Page 20
Task Force’s Website
• Information Available by County:
– All Indigent Defense Plans and Forms
– Indigent Defense Expenditure data
(including number of cases appointed)
– Grant Award amounts
– Population, Poverty Rate,
Demographic Data
Page 21
Task Force’s Website
•Other Information:
•Model Forms
•CLE rules
•Task Force and staff members
•Annual Report
•Other indigent defense-related
resources
Page 22
Where to Get More Information
• Task Force website-
www.courts.state.tx.us/TFID
• Texas Criminal Defense Lawyers
Association website-
www.tcdla.com
• ABA- Standing Committee on Legal Aid &
Indigent Defendants
www.abanet.org/legalservices/sclaid/defender/
• National Legal Aid & Defender Association
www.nlada.org/Defender/
• The Spangenberg Group-
www.spangenberggroup.com/
