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The 81st and 218th District Courts' local rules for appointing counsel in criminal cases and the fee schedule for appointed counsel (adopted February 19, 2025, effective immediately): appointment within three business days of a request; an indigence questionnaire; flat fees by offense class (initial jail visit $75, extradition $250, MTR/MTA $450, state-jail felonies $500, third-degree $600, second-degree $750, first-degree $950; +$200 for additional felonies or a pre-indictment appointment, +$100 for bilingual counsel) with hourly rates for extensive contested work ($75–$150 in court, $75–$100 out of court) and appeals at $60–$120 per hour capped at $4,500; itemized applications in tenth-hour intervals due at the plea or within thirty days of disposition, or compensation is waived; defendant contribution and prepayment accounts; written expert motions; documented billing; representation through disposition or appeal with client contact by the next business day; withdrawal only by motion and substitutes chosen only by the Court. The schedule does not apply to the Atascosa Area Advocates Public Defender's Office.
Applies to the appointment and compensation of counsel for indigent defendants in criminal cases in the 81st and 218th District Courts sitting in Frio County — one instrument captioned for all five counties the courts serve; it does not apply to the Atascosa Area Advocates Public Defender's Office. The fee schedule is part of the order. Procedural information only; not legal advice.
IN THE 81ST & 218TH JUDICAL DISTRICT COURTS — ATASCOSA | FRIO | KARNES | LASALLE | WILSON COUNTY, TEXAS ORDER ADOPTING LOCAL RULES FOR APPOINTMENT OF COUNSEL IN CRIMINAL CASES AND SCHEDULE OF FEES FOR PAYMENT OF COMPENSATION TO APPOINTED COUNSEL BE IT REMEMBERED THAT on the 19th day of February, 2025 the District Judges of the 81st & 218th Judicial District Courts adopted by formal action local rules for appointment of counsel in criminal cases and a schedule of fees for payment of compensation to appointed counsel, effective immediately, as follows: 1. The Court shall appoint counsel for an indigent defendant within three business days of receiving the request pursuant to Senate Bill 7. 2. A defendant who claims indigence and appointment of counsel shall complete a questionnaire concerning his financial resources and, if necessary, respond to examination by the Court. The questionnaire shall be in the form adopted by the Judges. 3. The following schedule does not apply to the Atascosa Area Advocates Public Defender's Office. Counsel appointed to represent a defendant in criminal proceedings, including a habeas corpus hearing, shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony and shall be paid reasonable attorney's fees for performing services as provided by Art.26.05, Texas Code of Criminal Procedure., based on the time and labor reasonably required, the complexity of the case, and the experience and ability of the appointed counsel, as follows: FLAT FEE: Initial Jail Visit $75.00; Extradition $250.00; MTR | MTA $450.00; State Jail Felonies $500.00; 3rd Degree Felonies $600.00; 2nd Degree Felonies $750.00; 1st Degree Felonies $950.00 a. Additional Felony cases: If the defendant has been indicted on additional felony offenses or counsel has been appointed pre-indictment, an additional $200.00 may be added to the flat fee. b. Bilingual Counsel: If the attorney speaks to the defendant in a language other than English, an additional $100.00 may be added to the flat fee. c. Other Services: In a case with extensive contested trial services, counsel may elect to be compensated on an hourly basis. 1. In-Court time and work $75 to $150 per hour. 2. Out-of-Court and work $75 to $100 per hour. d. Appeal to Court of Appeals $60- $120 per hour with a Maximum of $4,500.00 e. Petition for Discretionary Review to the Court of Criminal Appeals with approval of the trial court is the same rate as 3 (d) above. f. Reasonable expenses: The Court will review all expenses associated with the case and make a case by case determination. 4. Counsel requesting compensation for representing an indigent criminal defendant must submit a completed application for payment detailing by itemized statements specifying services performed and time spent in 1/10 (1) hour intervals. No payment shall be made until the statement is submitted to and approved by the Court and is in accordance with the fee schedule. If the case is disposed of by a plea of guilty, the application must be submitted to the Court at the time of the plea; otherwise, the application must be submitted within thirty days of the disposition of the case. Failure to timely submit the application shall constitute a waiver of compensation. 5. If the court determines that a defendant has financial resources that enable him to offset in part or in whole the cost of the legal services provided, including any expenses or cost, the Court shall order the defendant to pay the amount that it finds the defendant is able to pay. If at the time of appointment of counsel the Court finds that the defendant is employed or is about to be employed, the Court may order the defendant to periodically deposit into a "prepayment of attorney's fees and cost" account administered by the Adult Probation Department an estimated amount of such fees and costs in advance of disposition of his case; any payment in excess of the amount actually ordered by the court for such fees and cost shall be refunded to the defendant. 6. Counsel must submit a timely written motion requesting an expert; setting out the factual basis for the request, describing the necessity of specific services to be rendered and providing an estimate cost. 7. The application for payment of fees and expenses must be documented. Hourly billing must be accompanied by the complete out-of-court billing sheet. Time spent performing the services must be reported in tenth hours, using percentages (i.e.; .1, .5 and .8). Billing for investigation must be broken down by specific cost and serviced rendered. Expert testimony must be itemized billing in a reasonable amount for services rendered. If the statement exceeds a reasonable and necessary amount, neither the County nor the Court shall be liable. 8. Counsel appointed to represent indigent defendants shall represent the defendant until the charges are disposed of, whether by conviction, acquittal or dismissal, or until the right of appeal is exhausted or the attorney is relieved of his duties by the Court or replaced by other Counsel. Counsel must make initial contact with the defendant in custody by the end of the next business day of appointment. Failure to comply with this provision may result in removal of the attorney from the list of court appointed attorneys. 9. If for any reason counsel is required to discontinue representation, a Motion to Withdraw in compliance with the applicable rules shall be filed and heard. Only the Court is authorized to select substitute counsel. IT IS THEREFORE ORDERED that a copy of said rules and schedule be posted in a public area in offices of each Court. IT IS FURTHER ORDERED that a copy of the Order be included with the Standing Rules for Appointment of Counsel for Indigent Accused Persons in all counties within the judicial districts. SIGNED the 19th day of February, 2025 [the day is a handwritten insertion carried in the posted copy; the signature lines are blank in the posted print] JUDGE JENNIFER M. DILLINGHAM, 81ST DISTRICT COURT — JUDGE RUSSELL H. WILSON, 218TH DISTRICT COURT
IN THE 81ST & 218TH JUDICAL DISTRICT COURTS — ATASCOSA | FRIO | KARNES | LASALLE | WILSON COUNTY, TEXAS ORDER ADOPTING LOCAL RULES FOR APPOINTMENT OF COUNSEL IN CRIMINAL CASES AND SCHEDULE OF FEES FOR PAYMENT OF COMPENSATION TO APPOINTED COUNSEL BE IT REMEMBERED THAT on the 19th day of February, 2025 the District Judges of the 81st & 218th Judicial District Courts adopted by formal action local ru
Reviewer note: Composed 2026-09-08 from the courts' own-site custody copy (three pages, text layer read in full; the order's own "JUDICAL" and "Art.26.05" kept as printed). The adoption and signing day "19th" is a handwritten insertion carried in the text layer and the signature lines are blank in the posted print, so the two judges are named but the print is unsigned — disclosed in the text. Frio County edition under the shared-instrument doctrine (no county registered it on TOPICs). Two current judges named, so no single-judge join.