TRAVIS COUNTY CRIMINAL COURTS FAIR DEFENSE ACT PROGRAM GUIDELINES, STANDARDS, AND PROCEDURES

Transcription

1 TRAVIS COUNTY CRIMINAL COURTS FAIR DEFENSE ACT PROGRAM GUIDELINES, STANDARDS, AND PROCEDURES OCTOBER 23, 2015

2 Table of Content I. PROMPT MAGISTRATION A. When the Right to Appointed Counel Attache B. Magitration of Defendant Arreted WITH OR WITHOUT a Warrant II. INDIGENCE DETERMINATION STANDARDS A. Financial Standard for Determining Indigence B. Criteria in Determining Indigence C. Preumption of Indigence D. Judicial Determination of Indigence E. Proce of Determination III. MINIMUM ATTORNEY QUALIFICATIONS A. General Minimal Qualification for All Court Appointed Attorney B. Minimum Qualification for Midemeanor Court Appointed Attorney C. Minimum Qualification for Mental Health Court Appointed Attorney D. Minimum Qualification for Felony Court Appointed Attorney E. Felony Panel F. Minimum Qualification of Appellate Attorney G. Determining Qualification H. Dutie of Newly Appointed Attorney I. Supenion or Removal and Readmiion to Lit IV. PROMPT APPOINTMENT OF COUNSEL A. Defendant Arreted in Travi County B. Out of County Arret V. ATTORNEY SELECTION A. Attorney Aignment Proce VI. COMPENSATION OF APPOINTED COUNSEL A. Compenation Rate and Requet for Payment: B. Expene C. Requet for Payment D. Appeal of payment amount VII. APPENDIX

3 Travi County Criminal Court Fair Defene Act Program Guideline Standard and Procedure The criminal ditrict and county court at law judge of Travi County (hereinafter referred to a the criminal court judge ) are committed to providing timely and quality legal repreentation to indigent criminal defendant, to guaranteeing fair and neutral procedure for attorney election, and to enuring that minimum competency tandard for court-appointed attorney are etablihed, while triving to wiely expend public fund. In adminitering the Travi County Fair Defene Plan (hereinafter referred to a The Plan), thee rule are adopted by the criminal court judge to enure compliance with the above tated goal and principle. Puruant to the Texa Code of Criminal Procedure (hereinafter referred to a TCCP) Article (a), (f-1) and the criminal court judge by majority vote authorized the preiding criminal court judge to petition the Travi County Commiioner Court to apply for a grant from the Texa Indigent Defene Commiion to help implement a Managed Aigned Caeload Program to adminiter court appointed criminal cae aigned to the Travi County ditrict and county court. The Autin Bar Aociation and the Autin Criminal Defene Lawyer Aociation have created the Capital Area Private Defender Service (CAPDS), a nonprofit corporation whoe purpoe i to manage court appointed cae in accordance with thi plan. The CAPDS hall erve a the Program Adminitrator for The Plan. The CAPDS hall incorporate the rule of The Plan into it Plan of Operation in order to meet or exceed the tandard for indigent defene and to be in compliance with the Fair Defene Act of The CAPDS hall manage approved appointed attorney appearing in the Travi County Criminal County Court at Law and the Criminal Ditrict Court. Each attorney accepted to provide legal repreentation under thi plan hall be provided a copy of thee rule and procedure by the MAC Approved October 23, 2015

4 I. PROMPT MAGISTRATION A. When the Right to Appointed Counel Attache. 1. If the defendant i arreted puruant to a warrant the detaining authority mut preent the defendant before the magitrate within 48 hour of arret. 2. If the defendant i arreted without a warrant for a midemeanor and a magitrate ha not determined probable caue, the defendant mut be releaed on bond, not to exceed 5,000, not later than 24 hour after arret. 3. If the defendant i arreted without a warrant for a felony and a magitrate ha not determined probable caue, the defendant mut be releaed on bond, not to exceed 10,000, not later than 48 hour after arret. 4. If the proecutor file an application, a magitrate may potpone the releae of the defendant for not more than 72 hour after arret. B. Magitration of Defendant Arreted WITH OR WITHOUT a Warrant. 1. Peron in cutody brought before a magitrate hall be informed by the magitrate of the right to requet counel under TCCP Article Subection (e) and (f). A record will be made of thee proceeding and hall be preerved a required by TCCP Article If the arreted peron doe not peak or undertand the Englih language or i deaf, the magitrate hall enure that the information and aitance are provided with the aitance of an interpreter conitent with TCCP Article and If the defendant ak that an attorney be appointed, the magitrate hall intruct pretrial ervice officer to ait the defendant in filling out the Indigence Application and requet for appointed counel Approved October 23, 2015

5 4. A pretrial ervice officer hall interview a defendant in jail after arret to determine peronal bond tatu AND collect information regarding a peron ability to pay for an attorney. If the defendant requet appointed counel, pretrial taff will provide the defendant with reaonable aitance filling out the Indigence Application in accordance with criminal court judge intruction and protocol. If a defendant doe not requet and meet the qualification to receive an appointed attorney, the peron will ign and date the Indigence Application at the appropriate top ection indicating counel i not requeted. TCCP Article For a defendant arreted on an out-of-county warrant, the magitrate mut ak if the defendant want to requet counel, inform the defendant of the procedure for requeting counel, and enure the defendant i provided reaonable aitance in completing the neceary form for requeting counel in the county iuing the warrant [Art (a-1), CCP] 6. Requet for counel made by defendant arreted on out-of-county warrant mut be tranmitted to the appointing authority of the county iuing the warrant within 24 hour of the requet being made. [Art (a-1), CCP] II. INDIGENCE DETERMINATION STANDARDS A. Financial Standard for Determining Indigence. Thee tandard hall apply to each defendant equally, regardle of whether the defendant i in cutody or ha been releaed on bail. B. Criteria in Determining Indigence. The following criteria a incorporated in the Travi County Indigence Application apply in determining whether a defendant i indigent: Approved October 23, 2015

6 1. The defendant annual income 2. Source of income 3. Aet 4. Property owned 5. Outtanding obligation 6. Neceary expene 7. The number and age of dependent 8. Spoual income available to defendant; and 9. Any other inquirie by a court 10. Whether the defendant ha poted bail hall not be conidered, except to the extent that it reflect the defendant financial circumtance. C. Preumption of Indigence. 1. The defendant current houehold income doe not exceed 125% of the current Federal Poverty Guideline. 2. The defendant i currently receiving food tamp, Medicaid, temporary aitance for needy familie, ocial ecurity aitance or public houing. 3. The defendant i currently erving a entence in a correctional facility, mental health intitution or other entence. D. Judicial Determination of Indigence. A judge may determine that a defendant who doe not meet any of the financial tandard et forth above i neverthele indigent if the defendant i otherwie unable to retain private counel without ubtantial hardhip to the defendant or the defendant dependent, taking into account: 1. the nature of the criminal charge(); 2. the anticipated complexity of the defene; 3. the etimated cot of obtaining competent legal repreentation for the matter charged; 4. and the amount needed for the upport of the defendant and the defendant dependent Approved October 23, 2015

7 E. Proce of Determination. 1. The defendant hall wear under oath before a pretrial officer, clerk or judge that the information provided by the defendant i true. 2. If a defendant i determined to be indigent, he/he i preumed to remain indigent for the remainder of the proceeding in the cae unle a material change in the defendant financial circumtance occur. 3. The defendant Indigence Application hall be tranmitted to the Travi County Criminal Court Adminitrator Office, (hereinafter referred to a TCCA) no later than 24 hour after the defendant appear before the magitrate. TCCP Art (a). III. MINIMUM ATTORNEY QUALIFICATIONS The Program Adminitrator may etablih additional criteria to determine which attorney are qualified to repreent peron charged with cla A and B midemeanor, 1t, 2nd, 3rd degree and tate jail felonie a well a appeal. The qualification adopted by the Program Adminitrator hall maintain or exceed the tandard that are currently et forth below: A. General Minimal Qualification for All Court Appointed Attorney. The following tandard apply to each attorney who applie to be on the appointment lit and want to remain on that lit: 1. An attorney mut have on file with the Program Adminitrator a completed and worn application, which i approved by the Review Committee. Attorney mut enure all information on their application i correct and current by ubmiion of an electronic oath or by an oath before a notary. 2. An attorney mut be a licened practicing attorney and a member in good tanding with the State Bar of Texa. 3. An attorney mut either live in Travi County, or live in an adjoining county and maintain an office within Travi County Approved October 23, 2015

8 4. An attorney mut attend any CLE coure required by the Program Adminitrator. The program adminitrator will adopt a minimum number of CLE hour meeting or exceeding 10 hour in the area of criminal law and procedure each year plu one hour of ethic relating to the practice of criminal law. All attorney on the appointment lit mut file a CLE report with the Program Adminitrator each year atteting to completion of thi required CLE. 5. An attorney mut have a ecretary, receptionit, anwering ervice, or a cell phone with texting capabilitie. An attorney mut have an active e- mail account to receive court appointment and notice regarding procedural change. An attorney mut regiter a phone number conitent with the requirement above with the Travi County Sheriff to receive call from incarcerated client. Attorney are encouraged to enable the ue of video-conferencing. In addition, an attorney mut repond promptly to a phone call or text from the court or from the Program Adminitrator. 6. An attorney hall notify the Program Adminitrator promptly, in writing, of any matter that would diqualify the attorney by law, regulation, and rule or under thee guideline from receiving appointment to repreent indigent defendant. 7. After approval by the Review Committee, attorney mut attend a general orientation conference regarding the operation of the appointment proce and firt etting procedure. 8. Puruant to TCCP Article 26.04(j)(4), an attorney hall ubmit by October 15th of each year a tatement that decribe the percentage of the attorney' practice time that wa dedicated to work baed on appointment accepted in thi county for adult criminal cae and juvenile delinquency cae for the prior 12 month that begin on October 1 and end on September 30. The report mut be ubmitted through the online form to the Texa Indigent Defene Commiion. 9. An attorney mut meet other tandard adopted by the Program Adminitrator that do not fall below the tandard et forth in thi Plan Approved October 23, 2015

9 B. Minimum Qualification for Midemeanor Court Appointed Attorney. 1. Mut meet the General Minimal Qualification. 2. Mut have a minimum of one-year work experience in practicing criminal law. 3. The evaluation of experience and competency i done when the applicant applie to be on the appointment lit and on a periodic bai thereafter. Factor to be conidered are: a) Competence, diligence, and kill b) Year actively engaged in the practice of criminal law c) Certification a a criminal law pecialit d) Attendance at advanced criminal law coure e) Any other pecial kill 4. Mut have at leat the experience of being lead counel in 2 midemeanor jury trial. Experience a 2nd chair in a felony cae may ubtitute for 1 midemeanor trial. The tyle and caue number of thee cae hould be lited in the attorney application. 5. Alternatively, attorney will be qualified for the midemeanor panel after ucceful completion of the Capital Area Private Defender Service mentoring program. Attorney may be aigned midemeanor cae while in the mentorhip program. 6. Mut have prior appellate experience to be aigned appeal. 7. Attorney on the midemeanor appointment lit may qualify for one or more of the following panel baed upon experience and competency: a) Midemeanor Appointment Panel b) Midemeanor Mental Health Appointment Panel c) Midemeanor Appeal Appointment will be made from the Felony Appellate B Appointment Panel Approved October 23, 2015

10 8. An attorney mut meet other experience and competency requirement a deemed appropriate by the Program Adminitrator that do not fall below the tandard et forth in thi Plan. C. Minimum Qualification for Mental Health Court Appointed Attorney. The following tandard apply to each attorney who i appointed to repreent a defendant on the pecialized mental health docket accued of a criminal offene. 1. An attorney mut meet the general qualification. 2. An attorney applying for mental health court appointment mut have erved a a proecutor in a county or ditrict attorney office for at leat two year or have practiced criminal defene law on a regular bai for a minimum of two year. 3. The evaluation of experience and competency i done when the applicant applie to be on the appointment lit and on a periodic bai thereafter. Factor to be conidered are: a) Competence, diligence, and kill b) Year actively engaged in the practice of criminal law c) Certification a a criminal law pecialit d) Attendance at advanced criminal law coure e) Any other pecial kill 4. An attorney mut have been lead counel in at leat 3 mental health cae (whether midemeanor or felony) with at leat one of the following iue preented: competency, anity or court ordered mental health treatment. The tyle and caue number of thee cae mut be lited in the appointment application. 5. The Program Adminitrator will adopt minimum training tandard in the area of mental health each year. An attorney mut have received 3 hour of CLE in mental health criminal iue or received training within 3 month of placement on the mental health appointment lit. 6. An attorney mut be knowledgeable concerning criminal law related to defendant with mental health iue and the Texa Mental Health Code Approved October 23, 2015

11 7. An attorney applying for the midemeanor mental health court appointment lit mut meet requirement for placement on the midemeanor lit. 8. An attorney applying for the felony mental health court appointment lit mut meet requirement for placement on the Category B felony lit. 9. An attorney mut meet other experience, training, and competency requirement a deemed appropriate by the Program Adminitrator that do not fall below the tandard et forth in thi Plan. D. Minimum Qualification for Felony Court Appointed Attorney. The following tandard apply to each attorney who i appointed to repreent a defendant accued of a felony. 1. An attorney mut meet the general qualification. 2. An attorney mut have erved a a proecutor in a county or ditrict attorney' office for at leat two year or have practiced criminal defene law on a regular bai for a minimum of two year. 3. An attorney mut have been lead counel in at leat 3 midemeanor jury trial or firt or econd chair in at leat two felony jury trial. The tyle and caue number of thee cae mut be lited in attorney application. 4. Attorney on the felony appointment lit may qualify for one or more of the following panel baed upon experience and competency: a) Felony A Appointment Panel b) Felony B Appointment Panel c) Felony C Appointment Panel d) Felony Mental Health Appointment Panel e) Felony Appellate A Panel f) Felony Appellate B Panel i alo utilized to appoint midemeanor appeal Approved October 23, 2015

12 5. The evaluation of experience and competency i done when the applicant applie to be on the appointment lit and on a periodic bai thereafter. Factor to be conidered are: a) Competence, diligence, and kill b) Year actively engaged in the practice of criminal law c) Certification a a criminal law pecialit d) Attendance at advanced criminal law coure e) Any other pecial kill 6. Other experience and competency a deemed appropriate by the Program Adminitrator that do not fall below the tandard et forth in thi Plan 7. Alternatively, attorney may qualify for a felony panel after ucceful completion of the Capital Area Private Defender Service felony mentoring program. While in the mentoring program attorney may receive felony cae with the aitance of their mentor attorney and at the direction of the Program Adminitrator. Before admittance to any panel through the felony mentorhip program, the felony mentoring program mut be approved by the Travi County Ditrict Court Judge. E. Felony Panel: 1. Capital Cae: Attorney will qualify and receive appointment puruant to TCCP Article and are ubject to the Third Judicial Region Capital Attorney Selection Committee' rule and procedure. 2. A Panel: Attorney mut have ignificant experience with all phae of a criminal practice including aggravated and firt degree felony jury trial a lead counel; very knowledgeable concerning criminal law and procedure, and capable trial attorney. Attorney mut meet general qualification and have completed, a lead counel, at leat two firt degree felony jury trial to be conidered for thi panel Approved October 23, 2015

13 3. B Panel: Attorney mut have experience trying midemeanor and ome felony trial to a jury and before the court and econd-chairing eriou felony cae; experience trying other conteted matter uch a felony pretrial and probation revocation; capable and knowledgeable but lacking experience in eriou/aggravated felony cae. Attorney mut meet general qualification and have completed, a lead counel, at leat one felony jury trial. 4. C Panel: Knowledgeable concerning criminal law and procedure and poeing trial kill but lacking ignificant felony trial experience, ome jury trial experience in midemeanor and, at leat a econd chair, in felonie. F. Minimum Qualification of Appellate Attorney. The following tandard apply to each attorney who i appointed to repreent a defendant in an appeal. 1. Appellate A Panel: Attorney placed on thi lit mut have prior experience in felony level appellate work. At leat two prior felony appellate brief, along with any other requeted data hall be ubmitted for review. The brief ubmiion requirement contemplate the ubmiion of a fully developed brief. An Ander brief alone will NOT atify the brief ubmiion requirement. The complexity of the appellate work done will be a factor in determining eligibility and placement on the A level appellate lit. 2. Appellate B Panel: Attorney placed on thi lit mut have experience in appellate work at the midemeanor, cla A or B level. At the time of application, a brief evidencing prior appellate experience hall be ubmitted for review with any other relevant information. 3. Alternatively, attorney may qualify for each appellate panel after ucceful completion of the Capital Area Private Defender Service mentoring program. While in the mentoring program attorney may receive appellate cae with the aitance of their mentor attorney and at the direction of the Program Adminitrator. Before admittance to any panel through the mentorhip program, the mentoring program mut be approved by the Travi County Ditrict Court judge Approved October 23, 2015

14 G. Determining Qualification 1. The Program Adminitrator through it Review Committee will determine the appropriate panel placement for each attorney. H. Dutie of Newly Appointed Attorney. 1. An attorney i notified of an appointment by . The attorney hall, within three working day of receiving notice of appointment, enter into the Aignment Management Portal ( AMP ), an internet baed application, an acknowledgment of the appointment and a confirmation that the attorney made a reaonable effort to contact the defendant by the end of the firt working day after the date of the appointment. Reaonable effort include letter, fax, phone, videoconference, or peronal viit. Text meage alone are not conidered a reaonable effort. 2. In felony cae, court appointed attorney mut viit all appointed client incarcerated at the Travi County jail in peron (or utilize videoconferencing) at the earliet poible time and that initial viit hall not be later than ten day from notification of aignment. Thi viit hall be noted in AMP by the attorney within three working day. 3. In midemeanor cae, court appointed attorney mut viit all appointed client incarcerated at the Travi County jail in peron (or utilize videoconferencing) at the earliet poible time and that initial viit hall not be later than five day from notification of aignment. Thi viit mut be noted in AMP by the attorney within three working day Approved October 23, 2015

15 4. Additionally, dutie of aigned counel hall include: a) Make every reaonable effort to: (1) Contact the client by the end of the firt working day after the date on which the attorney i appointed; and (2) Interview the client a oon a practicable after the attorney i appointed, but not later than the requirement mandated by thi plan; b) Repreent the client until: (1) Charge are dimied; (2) The client i acquitted; (3) Appeal are exhauted; or (4) The attorney i relieved of hi dutie by the court or Program Adminitrator. Program Adminitrator may relieve an attorney with good caue if the cae i not on the jury docket. If the cae i on the jury docket, the Judge may relieve an attorney. c) Where appropriate, an attorney ha an obligation to ecure releae of the client through condition mot favorable to the client. d) Invetigate, either by elf or through an invetigator, the fact of the cae and be prepared to preent any factual defene() that may be reaonably and arguably available to the client; e) Brief the law of the cae, file appropriate motion, and be prepared to preent any legal defene() that may be reaonably and arguably available to the client; f) Be prepared to negotiate with the proecutor for the mot favorable reolution of the cae a can be achieved through a plea agreement; g) Be prepared to try the cae to concluion either with or without a jury; h) Be prepared to file pot-trial motion, give notice of appeal and appeal the cae puruant to the tandard and requirement of the Texa Rule of Appellate Procedure; Approved October 23, 2015

16 i) Maintain reaonable communication and contact with the client at all time and keep the client informed of the tatu of the cae, preferably by in peron viit; j) Advie the client on all matter involving the cae and uch collateral matter a may reaonably be required to aid the client i making appropriate deciion about the cae. k) Perform the attorney duty owed to the client in accordance with thee procedure, the requirement of the Code of Criminal Procedure, and applicable rule of ethic; and l) Manage attorney workload to allow for the proviion of quality repreentation and the execution of the reponibilitie lited in thee rule in every cae. I. Supenion or Removal of Attorney from Appointment Lit and Readmiion to Lit 1. General Competence/Review by Program Adminitrator. a) Appointed attorney are reviewed annually by the Program Adminitrator through it Review Committee. The judge hall ubmit an annual evaluation of all appointed attorney to the Review Committee. Thee evaluation will be ued in the Review Committee aement of each attorney performance. The ditrict judge will evaluate the felony lit attorney and the county court at law judge will evaluate the midemeanor lit attorney. Each judge will evaluate each attorney performance and indicate whether the attorney: exceed expectation, meet expectation, or i below expectation Approved October 23, 2015

17 b) General Criteria (1) Efficiency: (a) Punctuality-Court appearance, motion, brief, etc. (b) Preparation in all area (c) Efficient ue of court time (2) Knowledge: (a) Knowledge of individual court rule and procedure (b) Knowledge of Criminal Law (c) Knowledge of Criminal Procedure (d) Knowledge of probation program, entencing option, etc. (3) Skill: (a) (b) (c) (d) (4) Ethic: (a) (b) Ability to communicate and conduct buine with Judge, court taff, and ditrict/county attorney in a civil and effective manner Ability to deal effectively with client Ability to preent legal argument to court Ability to examine witnee, preent objection and perform jury trial kill. Follow rule of profeional conduct Honety in dealing with court, other attorney, taff, and client c) TCCA will ait in compiling the judicial evaluation and will forward the review to the Program Adminitrator. At the judge dicretion judicial evaluation may be anonymou. An attorney who receive at leat two below expectation rating from the judge will be preented to the Review Committee for review. A majority of the Review Committee hall vote to take one of the following action: (1) remove the attorney from the appointment lit; or (2) communicate obervation and concern through the Review Committee Chairman or the CAPDS Director on behalf of the body of judge to the attorney; or (3) place the attorney on a lower lit (felony appointment only); or (4) place the attorney on probation for a pecific period Approved October 23, 2015

18 d) Term and period of a probation term will be defined and communicated by the Program Adminitrator to the attorney. Attorney placed on probation, may re-apply at the expiration of the probationary period, and the Review Committee will reevaluate the attorney performance. A majority of the Review Committee hall vote to either: (1) remove the attorney from probation; or (2) upend the attorney from the lit for a longer period; or (3) place the attorney on a lower lit (felony appointment only) e) If the Review Committee vote to impoe a anction, the Program Adminitrator hall communicate the attorney tatu and any other information relevant thereto a provided by the Review Committee. f) In the event an attorney i incapacitated phyically, mentally, or otherwie, in uch a way a to call into quetion hi/her ability to provide adequate repreentation, the attorney level of proficiency may be reviewed by the Program Adminitrator through it Review Committee. (a) The Review Committee may vote to reduce the attorney claification to a lower level or remove the attorney from the lit. A majority vote i required to remove or reclaify an attorney. The notice for an attorney to meet with the Program Adminitrator hall generally inform the attorney of the area of deficiencie. (b) A mentor may be appointed by the Program Adminitrator and/or Review Committee from a lit of mentor which are approved by the Program Adminitrator. (c) If an attorney i removed from the lit or reclaified to a lower level, the Program Adminitrator hall communicate the attorney tatu and any other information relevant thereto a provided by the Review Committee Approved October 23, 2015

19 g) If an attorney i held to have rendered ineffective aitance of counel by a court of record, and all appeal from aid holding have been exhauted, the Program Adminitrator may remove the attorney from the appointment lit for a minimum of one year. The attorney may reapply for the appointment lit at the end of the probationary period. If an attorney i removed from the lit due to thi proviion, Program Adminitrator hall inform the attorney of the pecific period of removal upon the rendering of the final judgment in the cae. h) The Program Adminitrator hall have the authority to limit the number of attorney on the appointment lit, at all level, to maintain the integrity of the proce, inure adequate repreentation of all indigent defendant, and to comply with all requiite legal tandard deigned to inure appropriate and competent repreentation of all defendant incluive of all ABA tandard. i) All unexcued abence from court and failure to viit client in a timely fahion hould be reported to the Program Adminitrator o the office can maintain a cumulative record for all ditrict and county court at law. When the Program Adminitrator oberve a recurring problem with an attorney it hould be brought to the Review Committee' attention at the earliet appropriate time. The Review Committee will take appropriate action, to include written warning or upenion under thee rule and report the action taken to the criminal court judge within week of aid action. j) The Program Adminitrator hall have the authority to adopt other tandard and review procedure a the Program Adminitrator deem neceary that do not fall below the tandard et forth in thi Plan. 2. Specific Incident of Miconduct Oberved by or Reported to a Judge. If a judge experience a pecific problem with an attorney uch a failure to attend court in a punctual manner, failure to timely viit client, or other unethical or improper conduct, the judge may requet an invetigation by the Program Adminitrator Approved October 23, 2015

20 a) If the matter i not reolved to the judge atifaction or the judge determine that the nature or circumtance of the conduct i ufficiently eriou, the judge may requet that Program Adminitrator immediately upend the attorney from the appointment lit. b) The Program Adminitrator hall upend the attorney and immediately notify him/her of aid upenion. The notice hall further inform the attorney of the ground for upenion and that the attorney ha 7 day from date of notice to file a written repone with the Program Adminitrator. c) The Program Adminitrator hall circulate any repone to all Review Committee Member and the upenion hall be voted on by the Review Committee at it next regular meeting. The judge will make a recommendation to the Program Adminitrator. Three or more vote ratify the upenion, which hall remain in effect until a majority of the Review Committee vote to return the attorney to the lit. 3. Specific Incident of Miconduct Oberved by Program Adminitrator. If the Program Adminitrator become aware of action by aigned counel that require review by the Review Committee, the Executive Director may upend an attorney for up to even day and hall refer the cae to the Review Committee. If the Review Committee doe not have a regularly cheduled meeting within even day, the Executive Director may renew the period of upenion for an additional even day. 4. Attorney Sanction Puruant to the Texa Rule of Diciplinary Procedure. Diciplinary anction impoed puruant to the Texa Rule of Diciplinary Procedure may contitute ground for upenion or removal from the appointment lit. a) If an attorney receive a diciplinary anction puruant to the Texa Rule of Diciplinary Procedure, other than a private reprimand, the attorney hall provide to Program Adminitrator a copy of the order impoing anction within 30 day of the aid order Approved October 23, 2015

21 b) An attorney may provide a written upplement of the diciplinary anction when providing the order impoing anction. c) Program Adminitrator hall circulate the order impoing anction and the written upplement to the review committee and the judge. The vote of a majority the Review Committee i required to upend or remove the attorney from the appointment lit. d) Failure to provide a copy of the order impoing a diciplinary anction puruant to the Texa Rule of Diciplinary Procedure to Program Adminitrator within 30 day of the entry of aid order may contitute independent ground for removal from the appointment lit. 5. Readmiion to Lit. An attorney upended from the lit may reapply after 1 year. The new application may contain any information the attorney deem relevant to readmiion. The requet hould be ubmitted in writing to the Project Adminitrator. A majority vote of the Review Committee i required to reintate an attorney. 6. Appellate Iue - Late Brief. a) An appellate attorney who receive notice from an appellate court that the deadline for filing a brief ha not been met, hall immediately notify Program Adminitrator. The attorney hall be temporarily upended from the appellate appointment lit until the appellate brief ha been filed. Once it ha been filed with the appropriate court, a written or electronic copy of the brief and proof of filing mut be provided to Program Adminitrator and to the preiding judge of the court wherein the cae originated Approved October 23, 2015

22 b) An appellate attorney who receive an order to how caue why he/he hould not be held in contempt for failure to timely file a brief, or the appeal i abated to determine whether the defendant till wihe to purue the appeal after appellate counel ha failed to repond to notice from an appellate court that hi brief i overdue, hall be permanently removed from the appellate appointment lit. An attorney o removed may apply for immediate reintatement to the appellate appointment lit by ubmitting proof of exceptional circumtance which reaonably prevented the attorney from reponding to the notice of the brief being overdue. A majority vote of the Review Committee i required for uch immediate reintatement. Alternatively, the attorney may re-apply for the appellate appointment lit at the next open application period, and include a tatement of tep the attorney ha taken to prevent a future recurrence of failure to timely file a brief. c) Thee rule apply to all appeal by attorney on the appointment lit, without regard to whether the ubject cae i being handled by appointment or otherwie. A judge who receive notice of the above fact will notify the Program Adminitrator immediately. 7. Maximum Caeload Limit. a) Felony Caeload Limit. An attorney who ha a pending felony caeload of 90 cae or more hall be upended from all future felony appointment until the attorney reduce hi caeload to le than 85 felony cae. b) Midemeanor Caeload Limit. An attorney who ha a pending midemeanor caeload of 100 cae or more hall be upended from all future midemeanor appointment until the attorney reduce hi caeload to le than 95 midemeanor cae. c) The Program Adminitrator may adopt additional tandard that meet or exceed thi tandard Approved October 23, 2015

23 8. Temporary Inactive Statu a) Temporary Inactive Statu During Death Penalty Trial. Attorney who are court appointed to repreent defendant charged with capital murder in which the death penalty i ought will be temporarily inactivated on the felony appointment lit tarting 30 day before the beginning of voir dire and lating for the duration of the cae. The Program Adminitrator may adopt additional tandard that meet or exceed thi tandard. b) Temporary Inactive Statu during Voluntary Leave. An attorney may requet to be inactive for up to 90 day by ubmitting a written requet to the Program Adminitrator. If an attorney ha been inactive on the court appointment lit for more than 90 day, he/he mut ubmit a written requet to reintate along with proof of CLE compliance to the Program Adminitrator. The Program Adminitrator will decide if the attorney will be reintated. 9. Attorney on Appointment Lit() Charged with Criminal Offene. a) An attorney hall be automatically upended from all court appointment lit if he/he i convicted of or receive a deferred adjudication entence for any felony or crime of moral turpitude. b) An attorney hall be automatically upended from the midemeanor appointment lit if he/he i charged with a cla A or B midemeanor offene which i being proecuted by the Travi County Attorney Office and from the felony appointment lit if he/he i charged with a felony offene which i being proecuted by the Travi County Ditrict Attorney Office. c) An attorney may be upended from the appointment lit if he/he i under indictment or other formal criminal charge for any offene if a majority of the Review Committee determine that the attorney ability to fully and effectively repreent hi/her appointed client i compromied or otherwie adverely affected by the pending charge Approved October 23, 2015

24 d) Within even (7) day of any upenion under thi ection the attorney hall notify hi/her court appointed client of the upenion and that the client may petition the Program Adminitrator or the trial court for the appointment of another attorney. e) An attorney who i charged with a crime and releaed on a bond to be upervied by the Office of Pretrial Service mut agree to obtain the ervice of another attorney to deal with any matter involving hi client and the Office of Pretrial Service. f) An attorney hall notify the Program Adminitrator in writing within 2 buine day after being arreted for and/or charged with a cla A or B midemeanor or any felony offene. g) An attorney may eek reintatement to the appointment lit when: (1) the charge have been dimied; (2) the charge have not reulted in an indictment or other formal accuation within ixty day of arret; or, (3) any entence or probation i completed. 10. Attorney on Lit Accepting Remuneration from Appointed Client. a) An attorney appointed to repreent a client i not allowed to olicit or accept remuneration from the client on the appointed cae() unle the Program Adminitrator determine that there ha been a change in tatu and approve uch payment. b) If the client i charged with new offene or i in need of other legal ervice during the pendency of hi appointed cae(), the appointed attorney cannot accept remuneration for repreentation in thoe matter without notice to, and approval by Program Adminitrator Approved October 23, 2015

25 IV. PROMPT APPOINTMENT OF COUNSEL A. Defendant Arreted in Travi County. 1. On a daily bai, TCCA taff will obtain the completed Indigence Application from the Office of Pretrial Service. The TCCA through an electronic oftware program will appoint counel from the lit provided by the Program Adminitrator. Counel will be appointed no later than the end of the firt working day after the date on which TCCA receive the defendant requet for counel. 2. If a defendant i releaed from cutody prior to the appointment of counel, appointment of counel i not required until the defendant firt court appearance or when adverarial judicial proceeding are initiated, whichever come firt. A tandard of reaonablene hall be exercied in any judicial dicretion utilized. 3. A Magitrate or Judge will advie unrepreented defendant of the right to counel and procedure for obtaining counel according to CCP Article 1.051(f2). 4. If a defendant wihe to requet counel prior to the initial appearance, the form required to requet counel may be obtained from the Travi County Criminal Court webite at: Defendant may ubmit thee form to the court taff in which they been directed to appear. The court will rule on all requet for counel ubmitted in thi manner. [1TAC ] B. Out of County Arret and Warrant 1. Defendant arreted in other countie on local warrant mut be appointed counel within one working day of receipt of the requet. 2. Defendant arreted on out-of-county warrant mut be appointed counel if the peron ha not been tranferred or releaed to the cutody of the county iuing the warrant before the 11 th day after the date of the arret. [Art. 1.05(c-1), CCP] Approved October 23, 2015

26 3. Pretrial Service Staff will provide reaonable aitance filling out the indigence creening to defendant incarcerated on out-of-county warrant requeting court appointed counel. Reult of the creening will be tranmitted via facimile or to the county of the originating warrant within 24 hour of requet. [1TAC ] V. ATTORNEY SELECTION A. Attorney Aignment Proce. 1. The Program Adminitrator will identify which of the appointment panel (dicued above re: attorney qualification) i mot appropriate for each attorney baed on the accuation againt the defendant and the level of experience of each attorney. 2. The Program Adminitrator will appoint an attorney puruant to the procedure adopted by the Program Adminitrator. 3. The currently approved panel are: a) Midemeanor Panel: Attorney approved for the midemeanor lit may be appointed to Cla A and B midemeanor. b) Midemeanor Mental Health Panel: Attorney approved for the midemeanor mental health lit may be appointed to any level of midemeanor elected for the mental health docket. c) A Felony Panel: Only attorney who are placed on the A Lit hall be aigned to any cae (including but not limited to motion to proceed with an adjudication of guilt and to revoke probation) wherein the maximum entence doe not exceed life, or 99 year in the Texa Department of Criminal Jutice. Thi category include 1t degree, 2nd degree, 3rd degree and tate jail felony offene a well a habitual offender and enhanced punihment range Approved October 23, 2015

27 d) B Felony Panel: Attorney who are placed on the B lit hall be aigned to all cae (including but not limited to motion to proceed with an adjudication of guilt and motion to revoke probation) wherein the maximum entence doe not exceed 20 year. Thi category include 2nd degree, 3rd degree and tate jail felony offene. e) C Felony Panel: Attorney will be aigned to tate jail felonie and motion to adjudicate and motion to revoke tate jail felonie. f) Felony Mental Health Panel: Attorney approved for the felony mental health lit may be appointed to any level of felony elected for the mental health docket. g) A Appellate Panel will be aigned appeal from non-death capital cae, 1t degree felony cae, and thoe cae involving habitual or 1t degree punihment range. An attorney on thi lit may be appointed to any felony appeal (except a death penalty cae). h) B Appellate Panel will be aigned appeal from felony cae of a 2nd degree level or lower. 4. The Program Adminitrator may aign econd-chair puruant to the Policy and Procedure of the Program Adminitrator. 5. Program Adminitrator hall olicit application for new and tatu change attorney at any time deemed appropriate by the Program Adminitrator. Deadline and admiion requirement hall be publihed in advance of the Review Committee deciion date. The Program Adminitrator may admit highly qualified attorney to the lit outide the open enrollment period for exceptional circumtance a determined by a majority vote of the Review Committee. 6. Appointment hall be made uing a rotation ytem following an alphabetical liting of the name of the eligible attorney (taking into account the type of appointment they may receive) Approved October 23, 2015

28 7. Appointment for Spanih peaking cae hall be made uing a eparate rotation ytem following an alphabetical liting of the name of attorney eligible to receive Spanih-peaking client. 8. Appointment for Mental Health Attorney and the Midemeanor Mental Health Public Defender hall be made uing a eparate rotation ytem. Eligible attorney will be appointed following an alphabetical liting of their name. In mental health cae involving midemeanor, attorney will be appointed from the midemeanor mental health attorney rotation including the Mental Health Public Defender. In mental health cae involving tate jail, 2nd or 3rd degree felony offene, attorney will be appointed from the felony mental health attorney rotation. 9. A judge may deviate from a rotation ytem when the judge find it i in the bet interet of all partie concerned. The judge making uch appointment hall make a finding etting forth the reaon for uch appointment in compliance with TCCP, Article and will notify Program Adminitrator of the appointment. 10. The preiding judge over a criminal cae and the Program Adminitrator have the power to remove appointed counel. The Program Adminitrator may remove appointed counel upon a finding of good caue for uch removal including but not limited to the following: a) Counel failure to appear in a court hearing; b) Counel failure to comply with the requirement of thi Plan or the Program Adminitrator written policie; c) Current information about the defendant and the charge againt the defendant indicate that another qualified attorney i more appropriate for the defendant under thee rule; d) The appointed counel how good caue for being removed, uch a illne, workload or chedule difficultie; e) The defendant requet an attorney other than trial counel, for appeal; or f) The defendant how good caue for removal of counel, including counel peritent or prolonged failure to communicate with the defendant Approved October 23, 2015

29 11. In midemeanor cae, a joint jail reduction docket will be held daily by the county court at law. Appointment will be made on a rotating bai, in alphabetical order. Cae in which the attorney doe not appear will be reappointed in court from the alphabetical rotation. 12. In felony cae, an attorney may receive an appointment for the highet level of offene for which he/he i qualified and for any lower level offene in which he/he ha qualified. If a cae i enhanced above an attorney qualified level, the attorney hall notify the court or Program Adminitrator immediately, to enure the appropriate level attorney i aigned. 13. Program Adminitrator will maintain all record on attorney, and provide orientation training. VI. COMPENSATION OF APPOINTED COUNSEL In conideration of reaonable compenation for court appointed counel, taking into account neceary overhead cot and availability of qualified attorney willing to accept the tated rate, the following guideline hall be ued to claim attorney fee for appointed counel in felony and midemeanor criminal cae puruant to the TCCP, Article A. Compenation Rate and Requet for Payment. Schedule are et for in Appendix A, a follow: 1. Travi County Fee Guideline for Appointed Counel in Midemeanor Criminal Cae 2. Travi County Fee Guideline for Appointed Counel in Felony Criminal Cae B. Expene 1. Appointed counel will be compenated for all neceary expene, i.e., long ditance telephone charge, copying expene, auto mileage (IRS rate) outide of Travi County Approved October 23, 2015

30 2. All major expene, uch a invetigator and expert witnee, will require written approval by the Program Adminitrator prior to the expene being incurred. 3. Expene incurred without prior Program Adminitrator approval will not automatically be reimbured. Such expene hall be reimbured if the Program Adminitrator determine that they are reaonably neceary and reaonably incurred upon preentation of a claim for reimburement. C. Requet for Payment. 1. At the concluion of the cae, the appointed counel hall preent the completed voucher to the Program Adminitrator for approval according to the fee chedule adopted by the ditrict and county court at law judge. 2. No payment hall be made until the form for itemizing the ervice performed i ubmitted to the Program Adminitrator over the proceeding and the Program Adminitrator approve the payment. D. Appeal of payment amount. 1. An attorney whoe requet for payment i diapproved i entitled to a copy of the Program Adminitrator finding for approving an amount different from the requeted amount. 2. The attorney may appeal the diapproval by filing a motion with the preiding Judge of the Adminitrative Judicial Region, a provided in TCCP Article 26.05(c) Approved October 23, 2015

31 APPENDIX

32 Effective 03/01/17 IDA INDIGENCE GUIDELINES Travi County % of Federal Poverty Guideline Houehold Size Monthly 1 1, , , , , , , ,305 For each additional peron, add 436 Source:

33 Entered 0 SI Defendant' Name: , (prin1) Date: Caue# DOB: Addre: Special Need: Booking No: Indigence Form To determine eligibility for Court Appointed Attorney, you mut complete thi form. I will retain my own attorney: :--:--,-::c date: Dcf,mdant '.r Sig11afllre Do not conti nue fillina: out fonn ifdcfcndan110 rc1ain own a1tomcy Size of Family Unit Member of immedialc family!hat you uooon financinllv (Lit name, n~c &!l'lationhip) Name: A!!e: Relationbio: Monthly Income Nccearv Mo. Living Expene Employer: Rent: Poition: How Long: Mortgage: Your Salary: Utilitie (ga, electric, etc.): Spoue' Salary: SSl/SSDI: TANF: Social Security Check: Child Support: Other Government Check: Other Monthly Income: TOTAL INCOME* Saving/40 I K Balance: STAFF USE ONLY: Tranportation: Make: Model : Year: Clothe/Food: Day Care I Child Care: Medical Expene: Court-Ordered Monie: Child Support: TOTAL NECESSARY EXPENSES* Comment: TOTAL MONTHLY INCOME: TOTAL MONTHLY EXPENSES: DIFFERENCE (net income) - = DEFENDANT MEETS ELIGIBILITY REQUIREMENTS YES NO -----UNDETERMINED I have been advied of my right ro repreentation by counel in connection with lhe charge pending againt me. I certify rhal I am without mean to employ counel of my own chooing and I hereby requet lhe courl lo appoinl counel for me. 1 wear Iha/ 1he above informalion i lnie and correcl. The informalion I /iled i accurale and I will immediately notify 1he courl of any change in my financial i1ua1ion. *All information i ubject to verification. Falijicalion of information i a criminal offene. Signalure of Defendant Dale Revied 7/17/2014 II

34 THE STATE OF TEXAS v TN THE COURT OF TRAVIS COUNTY, TEXAS ORDER APPOINTING ATTORNEY In the above numbered and entitled caue the court find the following: I) The defendant ha been detennined to be indigent and in need of legal ervice puruant to the Code of Criminal Procedure, Chapter 26. 2) The attorney hereby appointed i duly qualified to repreent the defendant. 3) The attorney i appointed in compliance with the procedure adopted by the Criminal Court of Travi County or i appointed in a manner which deviate from the general appointment procedure, but with good caue; to wit: 4) Defendant i incarcerated/on bond at the time of thi appointment. THEREFORE, IT IS ORDERED that, an attorney found by the Court to be competent to repreent the defendant in thi caue, i hereby appointed to repreent the defendant in thi caue until the cae i concluded, including appeal, if any, or until releaed by order of the Court. Date Judge Preiding Ill

35 THE ST A TE OF TEXAS V. ':) DOB: IN TI-IE COURT OF TRAVIS COUNTY FINDING OF INDIGENCY In the above tyled and numbered caue the court find the Defendant i indigent and in need of legal ervice puruant to the Code of Criminal Procedure, Article 26, to wit: I) The Defendant i preumed indigent, a defined in the Travi County Fair Defene Act Program Standard and Procedure; or 2) The Defendant i otherwie unable to retain private counel without ubtantial hardhip to the Defendant or the Defendant' dependent. lt i therefore ORDERED that the Program Admjnitrator, the Capital Area Private Defender Service, hall aign a qualified attorney to repreent thi defendant a authorized in Article of the Texa Code of Criminal Procedure. Date Preiding Judge ASSIGNMENT OF COUNSEL The court having found thi Defendant indigent, the Capital Area Private Defender Service, aign to repreent the Defendant in thi caue. Aignment of aid attorney complie with the Travi County Fair Defene Act Program Standard and Procedure and all written police of the Capital Area Private Defender Service. IV

36 THE STA TE OF TEXAS v. DOB: IN THE COURT OF TRAVIS COUNTY EXIGENT CIRCUMSTANCES FINDING OF INDIGENCY AND ORDER APPOINTING AN ATTORNEY In the above tyled and numbered caue the court find the Defendant i indigent and in need of legal ervice puruant to the Code of Criminal Procedure, Article 26, to wit: I) The Defendant i preumed indigent, a defined in the Travi County Fair Defene Act Program Standard and Procedure; or 2) The Defendant i otherwie unable to retain private counel without ubtantial hardhip to the Defendant or the Defendant' dependent. FURTHER, the court, having found that exigent circumtance exit, ORDERS the Capital Area Private Defender Service to aign a qualified CAPOS Panel Attorney, to wit: to repreent the Defendant in thi caue. A required in the Code of Criminal Procedure, Article 26, the court find that good caue exit to deviate from the rotational aignment ytem precribed in the Travi County Fair Defene Act Program Standard and Procedure and written police of the Capital Area Private Defender Service, to wit: Date Preiding Judge White Copy - Clerk Pink Copy - Court Adminitration Yellow Copy - Attorney v Rev.8/2015

37 INTHECOUNTYCOURTSATLAW OF TRAVIS COUNTY TEXAS Caue No(). Court State v Offene Requet for Payment for Service Rendered a Court Appointed Counel In the above numbered and entitled caue() I, the underigned attorney, repreent to the court the following are true and correct. I) The defendant ha been determined to be indigent and in need of legal ervice puruant to the Code of Criminal Procedure Chapter 26. 2) The underigned attorney wa duly qualified and appointed by the court to repreent the defendant in th i caue according to local guideline or in the interet of jutice. 3) All ervice claimed below were rendered to the defendant in the dipoition of thi caue, and were reaonable and neceary. 4) Attorney mut have approval of the Court in writing if a claim i to be baed on fee in exce of the etablihed rate. If uch approval i not obtained in advance, a higher rate hall not be paid. FINAL CASE DISPOSITION: 0 No Charge Filed 0 Plea 0 Trial 0 Dimial 0 Appeal OR 0 A11orney Releaed Fixed Rate: Fixed Rate Continued 0 Obtaining jail releae 0 Dicovery and dimial (ingle cae only) Midemeanor I 2.45 ' each ucceeding cae 0 Pretrial (including preparation) 0 Pica and Sentence (I defendant, I cae) 0 Plea and Sentence ( I defendant, multiple cae)* *50 each ucceeding cae (I" cae) 0Unconteted Competency 100 0Appeal 500 Sub Total Daily Rate: 0 Trial before the Court Jury trial (including dicovery and preparation; actual trial time) 500 Daily Rate Total Voucher hall be ubmitted at the time the cae i dipoed of except for trial. In the cae of trial, voucher hould be ubmitted within 30 day of the concluion of the cae. Failure to comply hall reult in upenion from the court appointment lit. 1 RESPECTFULLY REQUEST PAYMENT IN THE TOTAL AMOUNT OF: FOR SERVICES PROVIDED FROM: TO. (MM/DDfYY) Pay to: Vendor# _ Payment will be ent to the Attorney' Addre currently on fi le with the Travi County Auditor' Department. Update to the remittance addre are only accepted by the Travi County Auditor Department. Should you need to change your addre or other payment-related information, pleae contact the Auditor' Office at (512) I further wear or affirm that I have not received nor will receive any money or anything of value for repreenting the accued, except a approved by the Court in writing or on the record. Anomey ignature a verification of claim accuracy: ORDER Anomcy Signotun: Dote Submitted Having reviewed the foregoing motion, and conidering the fac t of thi cae and the local guideline for payment of counel, I find that i proper, and order that payment be made in that amount. Judge Preiding Date October 20 I 3 VI

38 ITEMIZED STATEMENT TO SUPPORT HOURLY RA TE OR DEVIATION FROM FIXED RATE Dale of Service Decription of Service: Time Rate 0 Cae-in-Chief 0 Appeal 0 Habea In Coun Out of Court (Per hour) To1a l: Total Judge' Finding: October 2013 VII

39 IN THE CRIMINAL DISTRICT COURTS OF TRAVIS COUNTY TEXAS Caue No(). Court Stale v Offene _ Requet for Payment for Service Rendered a Court Appointed Counel In!he above numbered and cnritled cauc() I.!he underigned anomey, repreen! 10 rhe coun rhc following arc true and correcl. 1) The defendant ha been delermined to be indigent and in need of legal ervice puruanr 10 rhe Code of Criminal Procedure Chaplcr 26. 2) The underigned attorney wa duly qualified and appoinred by lhe coun to reprcenl the defendan! in!hi caue according to local guideline or in rhc interet ofjulice. 3) All ervice claimed below were rendered lo the defendant in rhe dipoirion of rhi caue, and were reaonable and neceary. Fixed Rate: 0 Secure releae from jail 0 Cae dimied prior 10 indiclmenr 0 Cae dimied pot indictment' 0 Non-evidentiary pre-trial (neceary motion) 0 Evident iary pre-trial (le than half day) 0 Non-jury rrial (le than half-day) 0 Plea and Sentence 1 0 Boot camp or hock probation (3 etti ng) 1 0 Probation Revocation (non-conteted) 0 Writ hearing Appeal 0 Andcr' Brief, Motion to Revoke or Adjudicate 0 I~. 2"d. 3'd Degree & State Jail Felonie 1 SIOO for each additional cae ,000 2, Daily Rate: minimum 6 hour per day 0 Evidentiary Pretrial 500 x (#of day) 0 Non-jury trial 750 x (#of day) 0 Jury rrial 1,000 x (#of day) Hourly Rate Approved (ee note 2 below) Total our of court time from itemized tatement (attached and incorporated) Total in court time from itemized!atemcnt (al/ached and incorporated) 0 Attorney Releaed 0 Other Neceary Expene (Specify) Attorney mut have approval of the Court in writing at the outet or a cae if a claim i to be baed on an hourly rate. Voucher hall be ubmitted at the time the cae i dipoed of except for trial. In the cae of trial, voucher hould be ubmitted within 30 day or the concluion of the cae. Failure to comply halj reult in upenion from the court appointment lit. I RESPECTFULLY REQUEST PAYMENT IN THE TOT AL AMOUNT OF: FOR SERVICES PROVIDED FROM: TO (MM/DD/YY) Payment will be ent to the Attorney' Addre currently on file with the Travi County Auditor' Department. Update to the remittance addre are only accepted by the Travi County Auditor Department. Should you need to change your addre or other payment-related information, pleae contact the Auditor' Office at (512) l further wear or affirm that I have not received nor will receive any money or anything of value for repreenting the accued, except a approved by the Court in writing or on the record. Attorney ignature a verification of claim accuracy: Attorney Signature Date Submitted ORDER Having reviewed the foregoing motion, and conidering the fact of thi cae and the local guideline for payment of counel, I find that i proper, and order that payment be made in that amount. October Judge Preiding VIII Date

40 ITEMIZED STATEMENT TO SUPPORT HOURLY RA TE OR DEVIATION FROM FIXED RATE Date of Service Decription of Service: Time Rate In Court Out of Court (Per hour) Total Judge' Finding: Total: October 23, 2013 IX

41 In the County Court at Law Of Travi County Texa State v. Voucher#: County Court at Law# Caue No(). Offene() Requet for Payment for Service Rendered a Aigned Counel In the numbered and entitled caue() contained in thi voucher, I repreent to the court the following are true and correct: 1) The defendant ha been determined to be indigent and in need of legal ervice puruant to the Code of Criminal Procedure Chapter 26. 2) I am duly qualified and aignedby the Program Adminitrator to repreent the defendant in thi caue according to the Travi County Fair Defene Plan. 3) All ervice claimed in thi voucher were rendered to the defendant in the dipoition of thi caue, and were reaonable and neceary. Fee Type Quantity Unit Cot Extended Total Voucher hall be ubmitted at the time the cae i dipoed of, except for trial. In the cae of trial, voucher hould be ubmitted within 30 day of the concluion of the cae. Failure to comply may reult in upenion from the court appointment lit. I RESPECTFULLY REQUEST PAYMENT IN THE TOTAL AMOUNT OF:. FOR SERVICES PROVIDED FROM Pay To: Vendor#: Payment will be ent to the Attorney' Addre currently on file with the Travi County Auditor' Department. Update to the remittance addre are only accepted by the Travi County Auditor' Department. Should you need to change your addre or other payment-related information, pleae contact the Auditor' Office at (512) By ubmitting thi voucher, I wear or affirm thi voucher accurately repreent ervice performed, and I have not received any money or anything of value except a approved by CAPOS. I am requeting compenation puruant to the guideline of the Travi County Fair Defene Plan and ubject to the Policie of CAPOS. Allorney ubmilling voucher, indicating verification of claim accuracy: Dale Submilled: Payment Authorization Having reviewed the foregoing requet, and conidering the fact of thi cae and the local guideline for payment of counel, CAPOS find that i proper, and authorize the payment be made in that amount. Authorized by the Capital Area Private Defender Service Date Time: x

42 In the Criminal Ditrict Court Of Travi County Texa State v. Voucher#: Ditrict Court Caue No(). Offene() Requet for Payment for Service Rendered a Aigned Counel In the numbered and entitled caue() contained in thi voucher, I repreent to the court the following are true and correct: 1) The defendant ha been determined to be indigent and in need of legal ervice puruant to the Code of Criminal Procedure Chapter 26. 2) I am duly qualified and aignedby the Program Adminitrator to repreent the defendant in thi ca ue according to the Travi County Fair Defene Plan. 3) All ervice claimed in thi voucher were rendered to the defendant in the dipoition of thi caue, and we re reaonable and neceary. Fee Type Quantity Unit Cot Extended Total Voucher hall be ubmitted at the time the cae i dipoed of, except for trial. In the cae of trial, voucher hould be ubmitted within 30 day of the concluion of the cae. Failure to comply may reult in upenion from the court appointment lit. I RESPECTFULLY REQUEST PAYMENT IN THE TOTAL AMOUNT OF:. FOR SERVICES PROVIDED FROM Pay To: Vendor#: Payment will be ent to the Attorney' Addre currently on file with the Travi County Auditor' Department. Update to the remittance addre are only accepted by the Travi County Auditor' Department. Should you need to change your addre or other payment-related information, pleae contact the Auditor' Office at (512) By ubmitting thi voucher, I wear or affirm thi voucher accurately repreent ervice performed, and I have not received any money or anything of value except a approved by CAPOS. I am requeting compenation puruant to the guideline of the Travi County Fair Defene Plan and ubject to the Policie of CAPOS. Attorney ubmitting voucher, indica ting verification of claim accuracy: Dale Submitted: Payment Authorization Having reviewed the foregoin!'.l requet, and conidering the fact of thi cae and the local guideline for payment of counel, CAPOS find that i proper, and authorize the payment be made in that amount. Authorized by the Capital Area Private Defender Service Dale Time: XI

43