Public Defense Innovation n Ti exas...Public Defense Innovation n Ti exas Implementing Gideon’s...
Transcript of Public Defense Innovation n Ti exas...Public Defense Innovation n Ti exas Implementing Gideon’s...
Public Defense Innovation in Texas
Implementing Gideon’s Promise:The Right To Counsel In The Nation and Indiana
April 7, 2017
Jim Bethke, Executive Director Texas Indigent Defense Commission
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Who We Are What We DoOur Mission
Our Grant Program
Our Fiscal and Policy Monitoring Program
Our Innocence Program
Is to provide financial and technical support to counties todevelop and maintain quality, cost-effective indigent defensesystems that meet the needs of local communities and therequirements of the Constitution and state law.
In FY 2016 $31.5 million was disbursed toTexas counties.Formula grant awards totaled $25.1 million to all 254counties. Discretionary grants totaled just over $6.4 million.
The Commission monitors each county that receives a grantto ensure state money is being properly spent andaccounted for and to enforce compliance by the county withthe conditions of the grant, as well as with state and localrules and regulations.
Since 2005, the Commission has provided up to $100,000annually to University of Texas School of Law, the Texas TechUniversity School of Law, the Thurgood Marshall School ofLaw at Texas Southern University, and the University ofHouston Law Center to operate innocence clinics. Thisfunding has contributed towards 11 exonerations. In 2015the 84th Legislature expanded funding to include $100,000per year for two new public law schools at the University ofNorth Texas Dallas College of Law and the Texas A&MUniversity School of Law in Fort Worth.
Thirteen-member governing board administratively attached to the Office of CourtAdministration. Jim Bethke is the Executive Director. The Commission has elevenfull-time staff.
Chair:Honorable Sharon Keller Chair – Presiding Judge, Court of Criminal Appeals
Ex Officio Members:Honorable Sharon Keller Austin, Presiding Judge, Court of Criminal AppealsHonorable Nathan L. Hecht Austin, Chief Justice, Supreme Court of TexasHonorable John Whitmire Houston, State Senator Honorable Brandon Creighton Conroe, State SenatorHonorable Joseph “Joe” Moody El Paso, State Representative JunctionHonorable Andrew Murr Junction, State RepresentativeHonorable Sherry Radack Houston, Chief Justice, First Court of Appeals Honorable Linda Rodriguez Hays County
Members Appointed by the Governor:Mr. Alex Bunin Houston, Chief Public Defender, Harris County
Public Defender OfficeHonorable Jon Burrows Temple, Bell County JudgeHonorable Richard Evans Bandera County Judge Mr. Don Hase Arlington, Attorney, Ball & Hase Honorable Missy Medary Corpus Christi, Presiding Judge, 5th Administrative Judicial
Region of Texas
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Gideon vs. Wainwright Texas Fair Defense Act
1963 2002
2017
15 Years of Implementation
Struggle to translate at state level the “right to counsel” into a meaningful indigent defense system
The Long Road to Make Indigent Defense Meaningful
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Prior to 2002 Present
No state funding or oversight
No reporting requirements on spending or caseloads
No uniformity in local indigent defense appointment practices
No consistent standards regarding attorney training and experience
Judges’ discretion to select counsel, pay fees and determine who is indigent fueled appearance of
cronyism
Inconsistent quality of death penalty representation
Key process standards implemented
State provides some funding to support indigent defense
Commission created to provide oversight
Counties now report indigent defense plan and expense information to Commission
Attorney caseload and practice-time reporting pursuant to HB 1318 (83rd Legislature)
Attorney training and qualification standards adopted
Death penalty appellate attorney qualifications established
Pre-Fair Defense Act through Present
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-
7.3
11.6
11.8
14.3
14.3
17.5
21.5
28.4
28.0
33.7
28.3
27.4
44.8
29.8
31.6
91.4
106.7
117.7
126.5
126.0
134.7
143.6
152.7
158.5
167.1
164.7
179.2
189.7
185.1
208.2
216.1
91.4
114.0
129.3
138.3
140.3
149.0
161.1
174.2
186.9
195.1
198.4
207.5
217.1
229.9
238.0
247.7
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
Texas Indigent Defense Expenditures (in millions) by Fiscal Year
Total Expenditures
County Expenditures
State Expenditures
Expenditures (in millions) by Fiscal Year
State & County Criminal Indigent Defense Expenditures (in millions) by Fiscal Year
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Full State FundingState Funding ≥ 50%State Funding < 50%No state funding
State Variation in Funding Indigent Defense
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Regional Public Defender for Capital Cases
Mental Health Defender Offices
Managed Assigned Counsel Programs
Texas Tech Law School Externship Program
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Impact:• Office serves 178 counties• Eight regional offices• 50/50 cost sharing • Ensures effective representation
in the most serious and complexcriminal cases
LUBBOCK REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES
State / County Collaboration
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.2001S.B. 7
Modeled after Travis County
Mandates all criminal courts in Texas to adopt
formal procedures for providing
appointed lawyers to indigent defendants.
1963Gideon Decision
“Any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him”
1980’sTravis Leads
Utilizes attorney appointment “wheels” to ensure fairness in appointments and quality representation
2011New Option:
CCP Art. 26.047(a)
ManagedAssigned
Counsel Program
The History of Travis County Indigent Defense
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1. Judges review attorney applications and approve for appropriate list.
2. Judges appoint attorneys from a public appointment list using a system of rotation. (~50% of cases not assigned by rotation)
3. Judges set the attorney fee schedule and approve all payment vouchers.
4. Judges conduct annual review of attorneys and require annual verification of CLE.
2011 Taking Stock of Current System
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Struggles to meet requirements of public defense system:•Principle 1: The public defense function, including the selection, funding, and payment of defense counsel, is independent.• None of these functions were independent of the judiciary
•Principle 10: Defense counsel is supervised and systematically reviewed for quality and efficiency according to nationally and locally adopted standards. • Difficult for a judge to perform this function without engaging in
advocacy in individual cases• Limited judicial resources
Why Change?
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“The best way to keep what we liked andimprove what must change was themanaged assigned counsel programestablished through a non-profit.”
The Agreement
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Lubbock and San Mateo Fully privatized all services including
payment and individual appointment
Entire indigent defense budget paid directly to organization
Lubbock 10,000 cases / 6 staff / 80 attorneys
San Mateo 15,000 cases / 16 staff / 110 attorneys
Travis County Hybrid model leaving some of the
administrative functions in Court Administration
Reduces complexity of implementation and costs
Travis 25,000 cases / 8 staff / 210 attorneys
Fully Private vs. Hybrid Model
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Public Defender (PD)In each model, specialized counsel coordinate with social and case workers to represent defendantswith mental illness. Programs link defendants with treatment and resources to help stabilize themand address the behaviors that lead defendants into the criminal justice system.
Managed Assigned Counsel (MAC)
Unmet Mental Health Needs are a Major Cost Driver in the Criminal Justice System
“Approximately 14,000 persons are “super-utilizers” who are deeply involved in the criminal justice system, resulting in $650 million in local jail costs each year due to mental illness and substance abuse.” (Andy Keller, Texas Judicial Council Mental Health Committee Briefing: Texas Mental Health Needs, Systems, and Legislative Issues, July 1, 2016)
Mental Health Specialized Defender Models
Mental Health Defender Programs
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BexarCollinDallasEl Paso
Fort BendHarris
KaufmanLubbockTravis
Wichita
TIDC estimates that approximately 95,000 persons annually have mental health issuesand need appointed counsel in Texas. Programs currently meet only 9% of the needfor specialized counsel.
Mental Health Defender Programs Developed Through TIDC’s Discretionary Grant Program
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Texas Tech Law School Externship Program490 Hours of Work Experience Austin, Dallas/Fort Worth, San Antonio, Houston12 Credit Hours Support CourseAttorney PanelsMock Interviews30-Year Resume
Networking and Mentor Requirement
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