TEXAS TASK FORCE ON INDIGENT DEFENSE 205 West 14 th Street, Suite 700 Tom C. Clark Building (512)936-6994 P.O. Box 12066, Austin, Texas 78711-2066 www.courts.state.tx.us/tfid CHAIR: THE HONORABLE SHARON KELLER Presiding Judge, Court of Criminal Appeals DIRECTOR: MR. JAMES D. BETHKE VICE CHAIR: THE HONORABLE OLEN UNDERWOOD The Honorable Ramon Garcia Hidalgo County Judge P.O. Box 1356 Edinburg, TX 78540411 VIA FAX: 956-318-2699 January 26, 2005 Dear Judge Garcia; I am pleased to inform you that the Texas Task Force on Indigent Defense has awarded Hidalgo County an FY05 Discretionary Grant in the amount of $395,490. In response to your application titled Hidalgo County Indigent Defense Public Defender, your Statement of Grant Award for fiscal year 2005 is attached. Please sign and return via fax the first two pages of the Statement of Grant Award to fax number 512-475-3450 on or before February 26, 2005. You do not need to mail a copy. Congratulations to Hidalgo County on taking the lead in Texas by developing a new indigent defense program. If you have any questions or need clarification on the information contained in this letter or attached Statement of Grant Award, please contact Bryan Wilson, the Task Force Grants Administrator at (512) 936-6996. Sincerely, Sharon Keller Chair, Task Force on Indigent Defense Presiding Judge, Court of Criminal Appeals
Task Force on Indigent Defense Statement of Grant Award FY2005 Discretionary Grant Grant Number: 212-05-D03 Grantee Name: Hidalgo County Program Title: Hidalgo County Indigent Defense Public Defender Grant Period: 3/1/2005-2/28/2006 Grant Award Amount: $395,490 The Task Force on Indigent Defense (Task Force) has awarded the above-referenced grant for indigent defense services. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Task Force by February 26, 2005. The grantee will not receive any grant funds until this notice is executed and returned to the Task Force. Funding is provided as listed in the categories in the table below: Standard Grant Conditions: Direct Costs 1) Personnel (Total Number of FTEs: 8 ) $325,000 2) Fringe Benefits $74,290 3) Travel and Training $12,000 4) Equipment $25,000 5) Supplies $8,072 6) Contract Services $30,000 7) Office Space (rental) $20,000 Total Direct Costs $494,362 Indirect Costs: 8) Indirect Costs 0 Total Indirect Costs Total Proposed Costs $494,362 Less Cash from Other Sources County Match $98,872 Total Amount Funded by Task Force $395,490 The authorized official for the grantee accepts the grant award. The authorized official, financial officer, and program director, referred to below as grant officials, agree to the terms of the grant as written in the Request for Applications issued on August 16, 2004, including the rules and documents adopted by reference in the Task Force on Indigent Defense s Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code. The grant officials understand that a violation of any term of the grant may result in the Task Force placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. Page 1 of 11 pages
The judges hearing criminal matters and juvenile boards in the county must complete the 2005 Indigent Defense Plan Submission / Verification process and continue to meet all grant eligibility requirements. Disbursement of funds is always subject to the availability of funds. The grant officials agree to follow the grant terms contained in the Required Conditions and Report contained in Attachment A. The authorized official for this grant program has read the preceding and indicates agreement by signing this Statement of Grant Award below: Signature of Authorized Official Name & Title (must print or type) Date Page 2 of 11 pages
Program Requirements Attachment A Required Conditions and Reports In addition to the program requirements stated in the Request for Applications (RFA) theses specific program requirements apply to this funded program The county will submit reports to obtain reimbursement of expended funds based on actual expenditures. The reimbursements will be based proportional to the county s required match; The County must create an oversight board to supervise the operation of this department. The board must consist of the County Judge, a County Commissioner designated by the Commissioners Court, the local administrative statutory county court judge, the local administrative district court judge, and one practicing criminal defense attorney selected by vote on odd numbered years by the officers of the Hidalgo County Bar Association. This board must be responsible for selecting and removing the Chief Public Defender. The administrative role of this board in supervising the Chief Public Defender including any fiscal authority must be decided by the Commissioners Court. The County must create an oversight board to supervise the operation of this department. The board must consist of the County Judge, a County Commissioner designated by the Commissioners Court, a statutory county court judge selected by the statutory county court judges hearing criminal matters, a district court judge selected by the district court judges hearing criminal matters, one practicing criminal defense attorney. The criminal defense attorney will be selected by vote on odd numbered years by the officers of the Hidalgo County Bar Association. This oversight board must be responsible for recommending the selection and removal of the Chief Public Defender. The administrative role of this board in supervising the Chief Public Defender including any fiscal authority must be decided by the Commissioners Court. The County must develop a written policy that includes caseload standards for each attorney and for the operation of this program. In developing caseload standards nationally recognized standards, and standards used by other states shall be taken into consideration. The policy on the caseload standard must require the Chief Public Defender to review the caseload status at least quarterly. The Chief Public Defender may make overrides or under-rides based on overall complexity of cases, overall type of cases, attorney experience, support staff experience, court needs, available technology augmenting services, or other factors affecting the delivery of services. The Chief Public Defender must notify the oversight board in writing if an exception to the caseload standard is authorized. The County must cooperate with the technical assistance and program evaluation consultant selected by the Task Force. Any request for information or staff activities requested by the consultant that are considered burdensome by the Chief Public Defender or county officials will be appealed to the Director of the Task Force. Position Minimum Requirements The County must provide to the Task Force staff the minimum job requirements and a full job description of the positions specified under this project in the FY04 Discretionary Grant Application from Hidalgo County at least 30 days before the position is posted for hiring. Participation All county courts (statutory county courts) hearing criminal matters punishable by incarceration in Hidalgo County must participate in the program. Page 3 of 11 pages
Activity (Edited) The Hidalgo County Indigent Public Defender Program is intended to be advocates and ensure proper legal representation for indigent defendants in jail. Main objective will be to focus on those indigent defendants retained in jail that have been detained with a misdemeanor and felony charge resulting from the same arrest. Goals include creating a public defenders office that will help indigent defendants in jail that do not fully understand their right to legal representation. The overall goal of the Hidalgo County Indigent Public Defender Program is to promote fair and impartial legal representation for indigent defendants, by providing a qualified Public Defender during the defendants time of stress or confusion that is sometimes associated with being arrested. The defendant shall receive prompt appointment of counsel. The project will demonstrate an effective Public Defender Program that will serve indigent defendants in jail. A secondary goal is to develop and implement strategies to evaluate the progress of the Public Defender Program. In order to further these goals, the following specific objectives have been formulated: 1. Provide qualified public defenders that are currently licensed and in good standing with the State Bar of Texas, and that exhibit proficiency and commitment to providing quality representation to criminal defendants. 2. Provide qualified public defenders that average 10 hours a year of continuing legal education courses relating to criminal law as recognized by the State Bar of Texas. 3. Public Defender to contact appointed defendant no later than the end of the first working day after the date on which the attorney is appointed and to interview the defendant as soon as practicable after the attorney is appointed. 4. Public Defender to represent appointed defendant until charges are dismissed, the defendant is acquitted, appeals are exhausted, or the public defender is relieved of his duties by the court or replaced by other counsel after a finding of good cause is entered on the record. Upon notice that the county has been awarded the grant, an oversight board will be formed to oversee the public defender s office. The board must consist of the County Judge, a County Commissioner designated by the Commissioners Court, the local administrative statutory county court judge, the local administrative district court judge, and one practicing criminal defense attorney selected by vote on odd numbered years by the officers of the Hidalgo County Bar Association. This board must be responsible for recommending selection and removal of the Chief Public Defender. The administrative role of this board in supervising the Chief Public Defender including any fiscal authority must be decided by the Commissioners Court. The oversight board s first task will be to assist the county in issuing a Request for Qualifications (RFQ). The oversight board will review responses to the RFQ and make a recommendation to the Commissioners Court on the method to best serve the County and defendants. If the Commissioners Court selects a governmental entity then the oversight board will conduct a search for a chief public defender. The search should begin immediately after the Commissioners Court selection of the governmental entity. The oversight board will make a recommendation to the Commissioners Court. The Chief Public Defender will be appointed in the manner consistent with Hidalgo County personnel and appointment processes. Method of removal of Chief Public Defender will be determined by the Commissioners Court. If the county chooses to create a County Public Defender Office: the oversight board along with conducting a search for a chief public defender will search for a rental location to house the office of the public defender. This search should also be completed within a month of receiving the grant. Office space should be large enough to house the staff comfortably, and include a small conference room for staff meetings. Although the location Page 4 of 11 pages
ideally should be in the downtown area, it would not be necessary that the public defender s office be housed in the courthouse. The Chief Public Defender will hire the staff in a manner consistent with Hidalgo County personnel policy and procedures. The staff positions, salaries and job descriptions will be consistent with other existing county positions performing similar duties. Staff Training manuals for public defender staff will be created. The purchase of desk top computers, lap top computers, printer, fax, phones and service, and a copy machine will be used to handle the everyday operations of the program. The Indigent Defense Program will hire 1 Chief Public Defender and 5 Public Defenders in accordance with Tx CCP 26.044 and meet the Hidalgo County Local rules on Indigent Defense guidelines. The Indigent Defense Program will also hire 1 staff secretary and 1 investigator that will assist public defenders. Information Systems There will be a need to ensure that all computer hardware, software, and other electronic communications be in place in order for the project to operate effectively and efficiently. The project will require not only working with the Indigent Defense System Integrator but also to contract out services which can not be produced by the inhouse computer department. This may include purchasing services from the Software Group, the County software provider or any other public defender software provider. Software purchased under this program must be secure and protect attorney/client privileged information. The chief public defender will purchase a commercial off-the-shelf public defender software product to manage the data, provide standard reports, and standard forms for the department. A waiver from this process may be sought if no product meeting the department s needs is available. Attorney Appointment Rotation The Hidalgo County Indigent Public Defender Program will rotate with the current attorney appointment wheel rotation system at a rate determined by vote of the statutory county courts (e.g. every other case, every third case, etc ). In addition to the rotation the public defender will interview all defendants that have refused a court appointed attorney to advise said defendant on his/her right to appointed counsel. Public Defenders will serve the courts of Hidalgo County as follows: 1) on the rotation wheel determined by majority vote of the statutory county court judges; 2) on misdemeanor jail cases (defendants remaining in jail that have not requested a court appointed attorney) and 3) defendants with misdemeanor charges and co-occurring felony charges resulting from the same arrest. The Courts may by majority vote add to the population served by the Public Defender. The court may need to amend their indigent defense plans. A written policy that includes caseload standards for each attorney and for the operation of this program will be developed. In developing caseload standards, nationally recognized standards and standards used by other states shall be taken into consideration. The policy on the caseload standard must require the Chief Public Defender to review the caseload status at least quarterly. Prompt Attorney/Client Visitation The Hidalgo County Indigent Public Defender will contact appointed defendants no later than the end of the first working day after the date on which the attorney is appointed. Public Defender will interview the defendant as soon as practicable after the public defender is appointed. Public Defender will utilize the video teleconferencing to conduct attorney client visits to help meet their interview requirements in a timely manner. Public Defender Monthly Report The Hidalgo County Indigent Public Defender Program will compile a report that counts the number of cases handled by the public defenders office and from those cases, the number of misdemeanor and felony jail cases, Page 5 of 11 pages
pleas, trials and dismissals. The report will also count the number of hours worked per case. This report will give the County an idea of how productive and cost effective the program will be. Project Evaluation (Edited) Evaluation Activity Objective Estimated Time Frame Hire and Train Staff Train Public Defenders on teleconferencing equipment Commence Public Defender Rotation on attorney wheel Set up Monitoring Report System To ensure qualified legal representation for indigent defendants To ensure prompt attorney/client visitation timeline To ensure fair and impartial attorney appointment system To obtain accountability standards Cost Savings To seek Analysis/Evaluation Measures alternative means of funding for public defenders Determine/Procure/Implement To have an Technology Needs Hidalgo County Computer Dept. Workshop information flow within County System To ensure proper computer information flow of County Information to the Public Defender Mar-05 Evaluation Method/Tool Personnel Announcement and Personnel File Mar 2005-April 2005 Training Manual Mar-05 Mar-05 Assignment Log Accountability Reports Mar 2005-July 2005 Budget Analysis Mar-05 Person Responsible for Collecting Data Performance Measure Isidro Meeting Hiring Sepulveda, Jr. Timeline and Program Development of Director Training Material JJ Rosales Systems Integrator Meeting Training Requirements for Public Defender Isidro Appointment record Sepulveda, Jr. for each public Program defender Director David Sinder Compliance Monitor Installation of all JJ Rosales Hardware, Systems Software, and Integrator Training Requirements Mar 2005-May 2005 Installation of all JJ Rosales Hardware, Systems Software, and Integrator Training Requirements Meeting requirements for attorney/client visits Isidro Funding Solutions Sepulveda, Jr. Identified Program Director Information System operations Operational Information Systems with Municipalities inclusive of internet based communications Page 6 of 11 pages
Task Definition Report Establish oversight board Requests for Qualifications (RFQ) Select PD Proposal If governmental entity selected, Appoint Chief Public Defender (CPD) Job Descriptions completed Staff will be hired Set up remote locations Office Setup Software setup The courts, commissioners court, and local bar select members to serve on oversight board. Commissioners court issues Requests for Qualifications to determine if there are non-profits able to serve the County. The oversight board makes recommendation of preferred proposal to commissioners court and commissioners court makes selection. The oversight board makes recommendation of CPD to commissioners court and commissioners court makes selection. The job descriptions for each type of position are completed using Hidalgo County s existing HR processes. Document the date that each employee is hired. Set up logistics for PD to serve at least part time at the jail. The oversight board and CPD will make assessments of office needs and select site for office through normal county processes. County will purchase with grant funds equipment, software and supplies to operate office. Setup this attorney and caseworkers with the Hidalgo County PD Office Case Management system Set up Monitoring Report System Date of first meetings. E-mail to Task Force any resolutions or documents that establish the oversight board or define its role. E-mail names and contact information of committee members. Date of Issue of RFQ. E-mail to Task Force copy of RFQ. Report date proposal selection is made and the contact information of selected proposal. Report date Chief PD selection is made and the contact information. Date completed and e-mail copies to Task Force Report via E-mail a list of classifications and date positions were filled. Report date when jail PD is ready to begin serving jailed clients. Provide any documentation available on assessment of office needs. Report date office set-up is complete. Report via E-mail location of office. Report the date the software setup is completed Page 7 of 11 pages
Task Definition Report Performance measure method VTC Setup Staff will be trained Policies and Procedures completed and provided to staff Commence Public Defender Rotation on attorney wheel Begin serving defendants Change indigent defense plan Outputs Department Assigned Case Type Department Caseload Establish method to collect data for referrals and performance measures. Identify whether all data will be maintained by tracking system or if some data elements must be tracked independently. Identify or develop standard reports to facilitate reporting. Train Public Defenders on teleconferencing equipment. Each staff will go through orientation and training sessions. A policy and procedure manual is written to identify basic office procedures, how system is going to work and the various roles. This must include caseload limits and over-ride/under-ride procedure. Develop the process with courts to commence the referral procedure. Submit indigent defense plan amendments if needed. The PD office receives referrals of defendants cases from courts. Make any indigent defense plan changes that may need to be made to include the new PD processes. Every month attorneys will be appointed. The cases will be of various types. The CPD will track the number and level (Misd. Or Jailed Misd. or Misd. w/ Fel. Or etc ) of cases that were assigned for the current month. Each month count the total number of cases that are still active on the department s assignment log as of the last day of each month. Report the date the performance measure tracking method is completed Report the date VTC training for PDO is complete. Report date initial orientation and training is complete for each staff member. Report date that the manual is distributed. E-mail copy to Task Force. Report date that process is completed and e-mail copy to Task Force. Report the date the first defendant s case is accepted. Report plan changes and implementation date are submitted to the TFID. Report on-line the total number of cases that were handled by case type for each month after the date the PD office receives its first case. Report on-line the total number of cases active on the department s assignment log as of the last day of each month. Page 8 of 11 pages
Task Definition Report Department Cases Disposed Attorneys Caseload Summary Average Cost per Case PD office Average Cost per Case assigned counsel system Outcomes Days from appointment to first contact. Each month count the total number of cases that are closed from the department s assignment log during the month. Count the total department active caseload and divide by total number of attorneys representing clients. Also report the largest number on a caseload served by one attorney on the last day of the month and the smallest number on a caseload served by one attorney on the last day of the month during the month Count the number of cases disposed by the public defender office during the year. Calculate the total amount spent by the PD office on attorney and support staff salary and fringe, supplies, and travel and training. Calculate capital expenses as one third (useful life assumption three years on capital, software, and computers, etc ) Do not count cases that were transferred to Public Defenders from the private bar. Only count those assigned directly to the PD office by the courts. Divide annual total expenses by total cases disposed. Count the number of cases disposed by the assigned counsel system during the year. Calculate the total amount spent by the courts on assigned counsel on attorneys. Do not count cases that were transferred to Assigned counsel from Public Defender from the private bar. Only count those assigned directly to the PD office by the courts. Divide annual total expenses by total cases disposed. Compare the number of show cause hearings for the previous year to the current year. Report on-line the total number of cases that are closed from the department s assignment log during the month. Report average, minimum, and maximum caseload for all attorneys by month. Report the average cost per case for the PD department by year. Report the average cost per case for the assigned counsel system by year. Report the number of show cause hearings for each time period and the percent decrease between the two years. Page 9 of 11 pages
Task Definition Report Pretrial confinement for PD clients. Length of time between arrest and resolution of cases Survey Trial Court Judges Cooperate with Task Force Consultant on other measures Document date and time of arrest for each defendant accepted into the program. Document date and time of release of defendants discharged from the program after resolution of case (do not count absconders, transfers, or other dispositions) Amount of time defendant are confined prior to resolution of charges. Do not include the sentence. Compare amount of time program clients are confined to amount of time individuals were confined during calendar 2003 Minimize the amount of time between arrest and resolution of cases for defendant. Compare amount of time program clients cases are pending to amount of time individuals were pending during calendar 2003 Create a simple survey to be given to Trial Court Judges, county officials, and attorneys on the appointment list. The survey should be conducted at the beginning of the grant period prior to services and at the end of the grant period. The survey should include financial and overall impressions of the quality of indigent defense. Report the total number of clients of referrals by date and type for each month after the date of first defendant accepted. Report the total of referrals by date and type for each month after the date of first defendant accepted. Report percent positive increase between pre and post test To be determined Additional Information - Report other information in the text boxes provided online. If delays occur, other activity is pursued beyond the scope of the project with the same funds, improvements / enhancements made, explanations of data or conditions, or other information that needs to be communicated to the grant administrator please write it in the text space provided online. Conclusion - The County must complete a Conclusions section at the end of the grant period. The conclusion will summarize the overall results of the program and how the project improved or failed to improve the local indigent defense system. It may include summaries of responses from surveys of stakeholders involved in the system. Also identify any issues that would assist other counties if they attempt this type of program. Page 10 of 11 pages
Timeline for Reporting and Fund Distribution Reports will be submitted on-line over the Internet. Reporting Period Type Report Due Date Report Due Fund Distribution Date March through May Budget Status Report June 15, 2005 June 2005 Progress report June through August Budget Status Report September 15, 2005 September 2005 Progress report September through Budget Status Report December 15, 2005 December 2005 November Progress report December through February Budget Status Report Progress report March 15, 2006 April 2006 Page 11 of 11 pages