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Webb County's Fair Defense Act plan, incorporated into the local rules of the district courts and county courts at law: magistration within 48 hours (felony) or 24 hours (misdemeanor) with counsel requests transmitted within 24 hours; the required Article 15.17 advisories; an appointing judge or designee who determines indigence (125% of the federal poverty guidelines, $2,500/$5,000 asset limits, benefit eligibility, custody, or substantial hardship; bail and relatives' resources not considered) and appoints counsel by the end of the next working day; the Public Defender takes 75% of felony and misdemeanor appointments with the rest rotating from Pre-Trial Services' wheel of the next five names; term of appointment through final disposition; annual applications by October 1 with six hours of criminal CLE, murder and capital lists with added qualifications, removal procedures before the board of judges, replacement of counsel, contact visits at the jail, the fee schedule and vouchers within 90 days with excess-fee findings and appeals to the regional presiding judge.
Applies to the appointment and compensation of counsel for indigent adult defendants in the district courts, county courts at law and justice courts of Webb County (the plan's own General section reaches all three levels); juveniles are covered by the separate Juvenile Indigent Defense Plan. Procedural information only; not legal advice.
THE STANDARDS AND PROCEDURES FOR THE APPOINTMENT OF COUNSEL IN FELONY AND MISDEMEANOR CRIMINAL CASES FOR INDIGENT DEFENDANTS — REVISIONS EFFECTIVE DATE November 2, 2015. PREAMBLE. WHEREAS, The Webb County Board of Judges seeks to ensure that indigent defendants continue to receive well-qualified and knowledgeable representation by their appointed counsel; and WHEREAS, the 77th Texas Legislature passed the Texas Fair Defense Act effecting procedures and guidelines for the appointment of counsel for indigent defendants by amending the Texas Code of Criminal Procedure, section 6, article 26.04 to become effective January 1, 2004. NOW BE IT RESOLVED that the Judges of the Webb County Board of Judges by formal action in compliance with and as mandated in the Texas Fair Defense Act hereby; (1) Adopt standards for determining indigence, (2) Establish procedure to compile a public appointment list of attorney's qualified to provide representation to indigent defendants, (3) Establish a procedure to compile a graduated list of qualified attorneys, (4) Adopt objective qualifications necessary for an attorney to be included on the list and, (5) Establish appointment procedures that shall ensure appointments are reasonably and impartially allocated among qualified attorneys pursuant to the Texas Fair Defense Act. ACCORDINGLY, the Webb County Board of Judges hereby adopts the following revised plan for appointing counsel for indigent defendants and juveniles in the Courts of Webb County, Texas. The Webb County Board of Judges further Orders this plan be incorporated into the local rules of the Judicial District courts of Webb County District Courts and the Webb County Courts at Law. 1. A. TERMINOLOGY. As used in these procedures, the following terms and phrases will have the following meanings. 1. "Judges" or "Board of Judges" shall mean all the presiding judges of the District Courts and County Courts at Law in Webb County. 2. The pronoun "he" shall refer to individuals of both genders. 2. B. GENERAL. The rules governs practice in all justice of the peace, county, and district courts in Webb County. 3. PROMPT APPEARANCE BEFORE A MAGISTRATE. A. The detaining authority must present the defendant before the magistrate within 48 hours of arrest for a felony, or 24 hours for a misdemeanor arrest and/or release the defendant in accordance with the Webb County Bond Schedule with an assurance that the defendant appears at the next business day before magistrate. B. The magistrate shall deliver admonishments, inform the defendant of his right to counsel, and make a finding of probable cause. C. If needed, an interpreter shall assist during the hearing. D. If the defendant asks that a lawyer be appointed, the magistrate or magistrate's designee shall assist the defendant in filling out the indigence information required on Defendant's Financial Affidavit and request for appointed counsel as attached hereto in Exhibit A. E. The magistrate will transmit all requests for counsel to the appointing authority within 24 hours of the request being made. F. If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall, if the person is indigent and is entitled to and requests appointed counsel, without unnecessary delay but not later than 24 hours after the person requests the appointment of counsel, transmit, or cause to be transmitted, the appropriate request forms to a court or the courts designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county issuing the warrant. 4. REQUESTS FOR APPOINTED COUNSEL. A. All reasonable efforts will be made to communicate the following information to each person who is accused of a crime at a post-arrest hearing under Tex. Code Crim. P. art. 15.17, using a language that the arrested person understands: 1. "You have the right to a lawyer's help in responding to the accusation against you;" 2. "The county will pay a court-appointed lawyer to help you if you can't afford one;" 3. "You can request an appointed lawyer right now using the Magistrate's certificate attached as Exhibit B and called the Probable Cause, Rights, Bail and Attorney Request Form, which I will give to another judge who decides if you qualify, and then appoints a lawyer who will contact you within a few days;" 4. "If you need help filling out the form, I can get help for you;" 5. "Do you want to request an appointed lawyer?" 6. A person appearing in court without counsel will be advised of the right to counsel and procedures for obtaining counsel. B. The Magistrate shall note the response on said Magistrate's Certificate. Magistrates will either make an electronic or written record of having communicated each item in Rule 6.10.01 above to each arrested person at each Article 15.17 hearing and maintain this record for at least 120 days. Either an electronic or written record such as Exhibit B, the Probable Cause, Rights, Bail and Attorney Request Form completed by the Magistrate can be the record of said request. C. If a magistrate has reason to believe that a person is not mentally competent to decide whether to request counsel, the magistrate will enter a request for counsel on that person's behalf. D. Magistrates shall transmit any request for counsel, that they receive, to the appointing Judge specified in Rule 6.11 below, or to the judge's designee, or appoint the next counsel on the list as instructed by the Webb County Pre-Trial Services Department. 5. APPOINTING JUDGE. A. The Board of Judges shall designate either a judge or the Jail Magistrate or an individual hired by the County to perform non-judicial duties required by the Fair Defense Act for all people accused of criminal offenses who request appointment of counsel. The duties of the appointing Judge are to: 1. Follow Rule 6.12 to make an initial determination of whether a person requesting counsel is indigent. 2. Follow Rule 6.01 to select and appoint counsel to represent each indigent defendant; or Local Rule 5 for juveniles. 3. Follow Rule 6.14 to cause all interested parties to have notice of appointment decisions. B. Counsel shall be appointed as soon as possible, but not later than the end of the first working day after the date on which the appointing judge or person(s) designated by the judges to appoint counsel receives the defendant's request for counsel. "Working day" means Monday through Friday, except for official holidays approved by commissioners court. 1. The Appointing Judge may assign any of the non-judicial duties stated in these Rules to a county employee who is hired to address administrative matters associated with indigent defense. 2. The Board of Judges shall assign Pre Trial Services staff as needed to comply with the Fair Defense Act and they shall review all persons in the jail to insure that all persons are timely appointed counsel as per these rules and Texas law. 6. INDIGENCY DETERMINATIONS. A. A person is "indigent" and thus qualifies for appointed counsel in this county if the income of the person and the person's spouse totals less than 125% of the federal poverty level for the family, or the person's dependents currently receiving food stamps, public housing, Temporary Assistance for Needy Families (TANF), OR Medicaid, unless the person has net liquid assets worth over $2,500, excluding the value of one vehicle, pursuant to current Texas TANF guidelines. Indigence determinations may be based upon the attached Exhibit G as submitted by the accused person, or any other evidence admitted by the appointing Judge. B. Procedures and Financial Standards for Determining Indigence Status: 1. At the magistrate's hearing each accused shall be provided an opportunity to request court appointed counsel, if indigent. Each requesting defendant shall complete a sworn affidavit of indigency form {Exhibit A}. The magistrate will insure that reasonable assistance is available in completing the necessary forms for requesting appointment of counsel. The magistrate shall then review the information and follow the procedures for determining whether a defendant is indigent, as follows: 2. Financial Standards for Determining Indigence: Webb County will apply the most recent United States Poverty Guidelines Chart to determine indigence. The financial standards set forth below shall be used to determine whether a defendant is indigent and shall be applied equally to each defendant in the county. (a) A defendant is considered indigent if: (1) the defendant's net household 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 (2) the value of the non-exempt assets and property owned by the defendant: (i) does not exceed $2,500.00; (ii) does not exceed $5,000.00 in the case of a defendant whose household includes a person who is age 60 or over, disabled, or institutionalized; or (iii) does not exceed double the estimated cost of obtaining competent private legal representation on the offense(s) with which the defendant is charged. (b) A defendant is considered 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. (c) A defendant is considered indigent if the defendant: (1) is currently serving a sentence in a correctional institution, is currently held in custody, is currently residing in a public mental health facility, or is the subject of a proceeding in which admission or commitment to such a mental health facility is sought; and (2) has no non-exempt assets or property in excess of the amounts specified in paragraph two. (d) A defendant who does not meet any of the financial standards above shall 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 charge(s), 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. 3. Factors Not to be Considered: (a) A defendant's posting of bail or ability to post bail may not be considered in determining whether the defendant is indigent or partially indigent. Even when a defendant has posted bail, the defendant's financial circumstances are measured by the financial standards stated in this rule. (b) The resources available to friends or relatives of the defendant may not be considered in determining whether the defendant is indigent. Only the defendant's financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence. 4. Procedures for Determining Indigence: (a) As soon as possible following arrest, and in any event not later than the Article 15.17 hearing, the Magistrate shall provide each arrested person who wants to request appointment of counsel with a form approved by the judges on which the arrested person will provide under oath the necessary information concerning the person's financial resources and will indicate that the person requests appointment of counsel. The Magistrate shall provide the arrested person reasonable assistance in completing the form. (b) The form requesting appointment of counsel and containing the information concerning the arrested person's financial resources will be transmitted to the appointing judge or person(s) designated by the judges to appoint counsel. (c) The appointing judge or person(s) designated by the judges to appoint counsel will determine whether the person meets the financial standards for indigence in paragraph 2. The determination will be recorded on the form requesting appointment of counsel and the form will be filed with the other orders in the case. (d) The arrested person may be required by the magistrate, the appointing judge, or the judge presiding over the case to respond to examination regarding the person's financial resources. (e) A written or oral statement elicited under this article or evidence derived from the statement may not be used for any purpose, except to determine the defendant's indigence, or to impeach the direct testimony of the defendant regarding the defendant's indigence. (f) A defendant determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the defendant's financial circumstances occurs. (g) A defendant's status as indigent or not indigent may be reviewed in a formal hearing at any stage of a court proceeding based on evidence of a material change in the defendant's financial circumstances. A defendant's status as indigent or not indigent also may be reviewed in a formal hearing at any stage of a court proceeding based on additional information regarding financial circumstances, subject to the presumption. If a defendant previously determined to be indigent subsequently is determined not to be indigent, the attorney shall be compensated by the county in accordance with these Rules for time reasonably expended on the case. 5. Payment by Defendant. A court that finds that a criminal defendant has financial resources to offset, in part or in whole, the costs of legal services provided under this Plan may order the defendant to pay the county that portion of the costs of legal services. 7. SELECTION AND APPOINTMENT OF COUNSEL. A. NEW APPOINTMENT. 1. The Appointing Judge will identify which of the appointment lists (capital, felony 1, 2, 3 and SJF, misdemeanor and juvenile) specified in Rule 6.04 below best correspond to the known information about the accusations against each indigent person who requests counsel. 2. The Webb County Public Defender's attorneys will also be classified as to which felony and misdemeanor appointments they are qualified to receive based on education and experience. 3. The Webb County Public Defender's office will receive 75% of all of the felony and 75% of the misdemeanor appointments. The Board of Judges may from time to time adjust the percentage of cases to be assigned to the Webb County Public Defender's Office due to staffing availabilities. The rest of the appointments may be made from the applicable appointment list. The Appointing Judge will appoint a lawyer from the applicable list whose name is among the next five names in order so identified unless: The defendant requesting counsel does not understand English, in which case the judge will appoint the next lawyer who both appears next in order on the list and speaks the clients language, if one is available; (!) The defendant has an attorney already appointed on a prior pending matter, the same attorney will be appointed to the new matter, unless the attorney is not on the list for the type of case involved. B. CHANGE OF ATTORNEY. Where a trial court is required to change counsel for good cause shown on the record: 1. The judge exercises discretionary authority to appoint one of the attorneys whose name is among the next five names in order on the list; or 2. In unusual circumstances, the appointing Judge upon a written finding of good cause may appoint any qualified willing attorney regardless of whether the attorneys name is on the list. 3. Each time a lawyer is appointed out of order under the preceding paragraph, the lawyer who is appointed out of order shall not be appointed to a new case until all other eligible lawyers on that wheel have received an equal number of appointments, except the Public Defender, so long as the Public Defender does not receive more than 75% of all felony and 75% of the misdemeanor cases. C. TERM OF APPOINTMENT. 1. Each attorney appointed under this rule, including attorney's electing to voluntary removal from the court appointment list, is to represent the person until final disposition of the case, including habeas corpus hearings or until removal/replaced by court order. 2. If any attorney is appointed under this rule, and that attorney is not qualified for the new case, the judge shall appoint either a second attorney who is qualified or appoint proper qualified counsel on the new case. This applies to the Webb County Public Defender's staff as well. 3. If an attorney is retained or appointed to substitute for another court appointed attorney, said newly retained/appointed attorney should ensure that the court appointed attorney is notified of same and that a motion to substitute is timely filed with the Court. D. LIST OF ATTORNEYS. 1. The director of Pre-Trial Services shall maintain lists of qualified attorneys by alphabetical order, to be used by the appointing court or designee for 25% of the appointments at the felony and misdemeanor level, and where a conflict or multiple defendants require appointment of additional counsel. Upon a person being found indigent, the administrator shall refer to Rule 6.06 hereinafter. The attorney, who is selected, except for the Public Defender, shall be removed from the wheel lists until all other attorneys on the lists have been appointed a defendant. An attorney remains on the lists as next attorney until assigned a case. 2. Should appointed counsel withdraw due to conflict of interest or any other reason except that the defendant has obtained counsel, the appointing Judge or designee shall inform the Trial Court of the next five names for the Court to select. The Court may choose any one of the five attorneys on the list as set out in Rule 6.04 above. E. NOTICE OF APPOINTMENT DECISIONS. 1. If the appointing judge finds that a person who requests counsel is not indigent under Rule 6.12 above, the Appointing Judge will enter that finding on the form, cause it to be returned to the person, and cause a copy to be filed by clerk. 2. If the appointing judge finds that a person who requests counsel is indigent, the judge will give notice of appointment by sending the Order Appointing Attorney (attached as Exhibit C) to be issued to both the defendant and the appointed attorney, and to be filed with the district or County Clerk. 3. Notice to appointed counsel under this Rule will be provided by e-mail or facsimile informing the appointing court of the next name on the wheel. The wheel shall be constructed as per, electronic mail, or some other similar immediate means of communication by the district or county clerk or board of judges or designee. 4. When formal charges are filed against a person who has requested counsel, a copy of the application and order appointing counsel shall be filed at the district or county clerks in accordance to Rule 6.02 of The Local Rules of The Courts of Webb County, Texas. F. APPOINTMENT LISTS. 1. The appointing judge shall maintain indigent defense appointment lists in this county: (A) Juvenile List as specified in Local Rule 5.04; (B) Juvenile certification or determinate sentencing as specified in Local Rule 5.04; (C) Lists to be used to select counsel for people other than those who are charged with misdemeanors, state jail felonies, felonies of the 3rd, 2nd, and 1st degree; (D) A murder list to be used to select counsel for murder cases; and (E) A capital List to be used to select counsel for capital murder cases. 2. All lists shall include the name of the Webb County Public Defender such that the public defender shall receive no more than 75% of all felony and 75% of all misdemeanor appointments. The appointments for juvenile cases shall continue to be made from the list unless there are additional public defenders hired to represent juveniles. (A) The lists shall include all licensed attorneys residing in Webb County, Texas who have applied for and are qualified for appointment to felony and misdemeanor cases if the attorney has completed a minimum of 6 hours continuing legal education pertaining to criminal law during each calendar year; or currently certified in criminal law by the Texas Board of Legal Specialization. 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. (B) An attorney who is qualified under the general list may be included on the murder list or the capital murder list only after a majority of the judges who hear such cases approve adding the attorney's name to the lists after review of Webb County Application/Affidavit Criminal Felony, Misdemeanor or Juvenile Courts Attorney (attached as Exhibit D). (C) Every year, an attorney is required to submit a practice-time statement in which the attorney accepted an appointment in an adult criminal or juvenile delinquency case during the fiscal budget year that begins on October 1 and ends on September 30, beginning fiscal budget year 2013-2014. The statement is due no later than October 15, and must be submitted by the attorney through the online system to the Texas Indigent Defense Commission. Payment for legal services may not be authorized by Webb County until the attorney complies with this requirement. The statement must describe the percentage of an attorney's total practice time that is dedicated to work on trial and appeal appointments in adult and juvenile delinquency cases. The juvenile delinquency cases do not include CPS and guardianship cases. (1) For the murder list: i The attorney has at least four years of experience in criminal litigation. ii The attorney has tried two felony 1 or felony 2 criminal cases to a jury verdict as lead counsel; and iii Has attended at least 10 hours MCLE in criminal law per year for two years prior to application, and annually thereafter; or iv The presiding judge of the Court finds that the attorney is qualified to undertake such representation. (2) For the capital list: i The attorney must meet all the requirements set out in in Tex. Code Crim. P. Art. 26.052; and ii meet the standards for qualification adopted by the Fourth Administrative Judicial Region Capital Murder Case Committee. iii An emergency appointment may be made when no attorney is available who meets the continuing education or board specialization requirements by the time an attorney must be appointed in the case. The appointing judge or designee making the appointment shall given priority to attorneys with experience in criminal cases. G. Application for placement on lists. 1. All attorneys are required to file the Webb County Application/affidavit Criminal Felony, Misdemeanor or Juvenile Courts Attorney. Thereafter, all attorneys are required to file a new application/questionnaire by October 1, of every year and continuing annually until this rule is amended. Any attorney may apply to be placed on any of the felony, misdemeanor, juvenile certifications and determinate sentencing, felony murder or capital murder appointment lists by supplying this county's director of pre-trial services with all of the information necessary of the attorney's qualifications to determine if the attorney meets the requirements. 2. The director will evaluate application to determine if each applicant is qualified for respective list. The judges of the district courts trying felony cases will review and may approve by majority vote qualified applicants for felony case lists. The judges of the statutory county court trying misdemeanor cases will review and may approve by majority vote qualified applicants for misdemeanor case list. 3. Each time an attorney is added, a new list will be supplied to the appointing judges. 4. Names on the list will be listed alphabetically. [Page 9 of the registered instrument is blank.] H. Grounds for Removal. The Appointing Judge or designee will remove an attorney's from a list if: 1. The attorney fails to meet the minimum qualifications needed to remain on a particular list 2. The attorney ceases to be an active member of the State Bar of Texas; or 3. The attorney requests removal from the list. 4. The attorney fails to submit the request to remain on the appointment list on or by October 1st, of each year to the Office Webb County of Pre-Trial Services. 5. The attorney fails to represent his client with due process required by Law. I. Procedure for Removal. 1. Referral: If a judge/member of the juvenile board believes that an attorney has violated any of the provisions listed in the paragraph above, the judge/juvenile board member may refer an attorney to the board of judges/juvenile board for removal from the appointment list. The referral must be in writing and shall clearly state the grounds that form the basis of the referral. No disciplinary action with respect to the attorney being retained or removed from the appointment list may be made without such a referral. 2. Notification/Hearing: Upon receiving an attorney referral, the board of judges/juvenile board shall notify the attorney in writing of the referral and inform the attorney of the grounds that form the basis of the referral. The notice shall also inform the attorney of the time and place the board of judges/juvenile board will meet to discuss the referral and give the attorney an opportunity to respond to the referral in writing or in person or both. 3. Action: After the board of judges/juvenile board meets and gives the attorney an opportunity to be heard, the board of judges/juvenile board shall determine whether the attorney should: (a) Remain on the appointment list at the same level; (b) Moved to an appointment list for indigent defendants charges with less serious offenses; or (c) Be removed from appointment list altogether. The attorney may be removed from the appointment list or moved to an appointment list for indigent defendants charged with less serious offenses by a majority vote of the judges/juvenile board members present. In addition, the majority of the judges/juvenile board members may also vote to require the attorney to take other rehabilitative measures. Removals from any list may be probated. For removal or probated removals, the judges/juvenile board members ordering the removal may require the completing of rehabilitative measures as a condition of probation or reapplication. An order of removal should state in the order the earliest date at which the attorney may apply for reinstatement. An attorney who was removed from an appointment list under "Grounds for Removal" number 7 or 8 shall be immediately reinstated upon providing proof that the charges were dismissed or that the attorney was acquitted, unless other grounds for removal exist against the attorney that would prohibit reinstatement. The decision of the board of judges/juvenile board is final and may not be appealed. 8. REPLACEMENT OF APPOINTED COUNSEL. 1 An attorney may be removed from an appointment upon satisfying the appointing Judge that the lawyer has good cause for being excused and that the client will not be prejudiced, in which case the judge shall use Rule 6 to immediately appoint another qualified lawyer. 2 The judge with jurisdiction over a criminal case may replace appointed counsel after entering findings in the record showing good cause for the replacement and no prejudice to the defendant, including but not limited to the following: a. Current information about the defendant and charges indicates that counsel of different qualifications would be appropriate for the defendant under these rules; or b. Replacement is needed to comply with Tex. Code Crim. P. Art. 26.052 (e) in a capital felony trial. 3 The judge with jurisdiction over a criminal case will replace appointed counsel at the defendant's request if: a. The Defendant requests an attorney other than trial defense counsel for appeal or post conviction habeas corpus proceedings; or b. The Defendant shows good cause for replacing appointed counsel. 9. CONTACT BETWEEN APPOINTED COUNSEL AND CLIENTS. a. To minimize costs to the county under these rules, magistrates will (1) insure that the county's sheriff knows how his policies may facilitate efficient communication between jailed clients and (2) attorneys without surmising the security of any detention facility, including policies that minimize the time that attorneys must wait for their clients at jail. b. Appointed counsel will make every reasonable effort to interview their clients before the end of the day after the date the appointment is made, not including weekends and holidays. It is a standing order of the Webb County Board of Judges that, upon request, the Sheriff shall permit contact visits between inmate defendants and their attorneys. 10. FEE SCHEDULE. Each court shall pay appointed non-Public Defender attorneys reasonable fees in accordance with a uniform schedule of fees as adopted by the majority of the judges. The uniform schedule of fees shall take into consideration reasonable and necessary overhead costs, the availability of qualified attorneys, time and labor expended, complexity of the case, and the experience and ability of counsel. An attorney working under the Public Defender shall be paid by salary set by the Commissioner's court. See Exhibit E. 11. APPOINTED ATTORNEY COMPENSATION. A. All payments shall be paid after judicial approval, in accordance with the attached fee schedule and guidelines which were adopted by formal action of The Board of Court Judges, with copies sent to the Commissioner's Court of Webb County. (See Exhibit G) B. This fee schedule takes into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates. C. A new voucher form and in-court and out-of-court itemization forms will be provided for appointed counsel to itemize the types of services performed. (See Attachment F) The appointed counsel must submit this voucher to the judge presiding over the case for which the appointed attorney seeks compensation for the judge to approve the payment. D. If the judge disapproves the requested amount of payment the judge shall make written findings stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount. E. If the trial court diverts from the fee schedule and an amount exceeds the amount listed in the fee schedule, the Local Administrative Judge (in felony cases) or two County Court at Law Judges (in misdemeanor cases) or two of the juvenile judges, must also approve the excess payments. If approved, the orders will be submitted to Commissioner's Court for excess payments. See section 11. F. An attorney whose request for payment is disapproved may appeal the disapproval by filing a motion with the presiding judge of the administrative judicial region, as provided under Article 26.05(c) of the Code of Criminal Procedure. This motion must be filed within twenty (20) days from the date the attorney receives notice of the disapproval of payment. G. On the filing of a motion, the presiding judge of the administrative judicial region shall review the disapproval of payment and determine the appropriate amount of payment. In reviewing the disapproval, the presiding judge of the administrative judicial region may conduct a hearing. Webb County shall pay to the appointed counsel the amount that is approved by the presiding judge of the administrative judicial region and that is in accordance with the adopted fee schedule. H. Webb County will reimburse appointed attorneys for investigation and expert witness expense(s) up to $100.00 on behalf of an indigent defendant without prior approval of the Court. On presentation of a claim for reimbursement, the Court shall order reimbursement of counsel for the expense(s), if the expense(s) is reasonably necessary and reasonably incurred. Unreasonable or unnecessary expense(s) will not be approved as provided under Articles 26.05(d) and 26.052 (f) through (h) of the Code of Criminal Procedure, and that is in accordance with the adopted fee schedule. 1. The attorney must attach to the voucher an itemized statement of each expense listing the date, the kind and the amount of the expense and must supply supporting documents for any expense over $40.00; 2. Regarding computer assisted legal research the attorney must provide a statement of the issues researched, and estimate of the number of hours of attorney time required if the research has been done manually and a copy of the bill. I. Payment of a fee in excess of the case maximum stated in the fee schedule as described in subparagraph E above may be made in the following kinds of cases: (A) Extended cases: A case in which more time is reasonably required for total processing than the average case. (B) Complex case: A case in which the legal or factual issues are unusual, thus requiring expenditure of more time, skill, and effort than would be required in the average case. (C) In no event shall the hourly in court and out of court rates specified above be exceeded. (D) An attorney may obtain excess payments by certifying to the trial court that: (1) the case was extended, complex, or both and (2) excess payment is necessary to provide fair compensation. (E) In order to approve excess payments, the trial court must make the following findings (1) The case was extended, complex, or excess payment is necessary to provide fair compensation. On this issue, the following factors will be considered: (a) Responsibilities of the attorney measured by the magnitude and importance of the case. (b) Manner in which the attorney performed his/her duties. (c) The attorney's knowledge, skill, efficiency, and professionalism. (d) Judgment required of and used by the attorney. (e) Nature of the attorney's practice and injury to it because of this case. (f) Extraordinary pressure of time or other factors. (g) Any other relevant factors. J. Payment of a fee in a case presided over by a visiting judge also requires the approval of the trial court judge. The administrative judge may also approve payment in the event that the trial court judge is unavailable. K. Failure to submit your voucher for payment within 90 days from final disposition or completion of appellate proceedings, if case is appealed will be deemed to be a donation of the attorney time and talent and will be pro bono. L. Voucher can be located on-line at www.webbcountytx.gov. For further information, please call the Webb County Pre-Trial Services Department. M. Vouchers for payment are due within 90 days from final disposition or completion of appellate proceedings if case is appealed. N. Vouchers requesting payment for work performed on pre-adjudicated cases disposing of case as a result of a plea agreement must provide a statement from the prosecution asserting that the case was resolved prior to grand jury presentment due to the defense attorney's efforts. These Standards and Procedures for Appointment of Counsel for Indigent defendants were approved by unanimous vote of the administrative meetings of County Court at Law Judges and State District Judges of Webb County, Texas on November 10, 2015. ORDERED AND SIGNED THIS ______ FEBRUARY 2025. Jose A. Lopez, Judge, 49th District Court, Local District Court Administrative Judge; David E. Garcia, Judge, 406th District Court; Rebecca Palomo, Judge, 341st District Court; Hugo Martinez, Judge, County Court At Law I, Local County Court At Law Administrative Judge; Monica Notzon, Judge, 111th District Court; Victor Villarreal, Judge, County Court At Law II. [Exhibits A–G (the financial affidavit, the magistrate's Probable Cause, Rights, Bail and Attorney Request Form, the Order Appointing Attorney, the attorney application/affidavit, the fee schedule, the voucher forms and the indigence chart) are referenced by the plan and are not part of the registered file.]
THE STANDARDS AND PROCEDURES FOR THE APPOINTMENT OF COUNSEL IN FELONY AND MISDEMEANOR CRIMINAL CASES FOR INDIGENT DEFENDANTS — REVISIONS EFFECTIVE DATE November 2, 2015. PREAMBLE. WHEREAS, The Webb County Board of Judges seeks to ensure that indigent defendants continue to receive well-qualified and knowledgeable representation by their appointed counsel; and WHEREAS, the 77th Texas Legislature pa
Reviewer note: Composed 2026-09-07 from the TOPICs custody scan (fourteen pages, all read through the vision lane because the OCR text layer drops words throughout). Six current signers, so no single judge join; dated by the plan's own revision-effective date (the February 2025 signing day is left blank in the instrument; the clerk's stamp shows filing March 5, 2025). The plan's internal cross-references (Rules 6.01, 6.02, 6.04, 6.06, 6.10.01, 6.11, 6.12, 6.14, Local Rule 5.04) follow an earlier numbering scheme and do not match the section numbers of this edition; the removal paragraph cites grounds "7 or 8" that the list does not contain; page 9 is blank — all transcribed as registered. Audit 2026-09-08 (M4): the "(!)" before "The defendant has an attorney already appointed on a prior pending matter" is printed that way in the registered instrument (TOPICs 2345, page 6, verified against the rendered page 2026-09-08) — a typographic quirk of the court's own print, kept verbatim, not an OCR artifact. Note 2026-09-09 (R6): the "(!)" that opens the second exception under Rule 6.04.A.3 is printed that way in the registered instrument (page 6 of the 2025 print, checked against the render); it is kept as printed, not a BenchPath artifact.