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 Fax: (512)475-3450 CHAIR: THE HONORABLE SHARON KELLER Presiding Judge, Court of Criminal Appeals DIRECTOR: MR. JAMES D. BETHKE VICE CHAIR: THE HONORABLE OLEN UNDERWOOD July 6, 2010 The Honorable James Marion Carlow Bowie County Judge Via E-mail: Thomasl@txkusa.org Dear Judge Carlow: I am pleased to inform you that the Texas Task Force on Indigent Defense has awarded Bowie County a FY2011 Continued Multi-year Discretionary Grant in the amount of $174,276 in response to your application titled Bowie County Public Defender Initiative. Your Statement of Grant Award for fiscal year 2011 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 August 6, 2010. You do not need to mail a copy. Congratulations to Bowie County on taking the lead in Texas by developing this 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 Copy: The Honorable John F. Miller, Jr, District Judge, miller@txkusa.org Mr. William E Tye, County Auditor, wtye@txkusa.org
Task Force on Indigent Defense Statement of Grant Award FY2011 Discretionary Grant Grant Number: 212-81-D10 Grantee Name: Bowie County Program Title: Bowie County Public Defender Initiative Grant Period: 10/1/2010-9/30/2011 Grant Award Amount: $174,276 The Task Force on Indigent Defense (Task Force) has awarded the above-referenced grant to Bowie County 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 August 6, 2010. 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: Direct Costs: Standard Grant Conditions: 1) Personnel (Total Number of FTEs: ) $535,000 2) Fringe Benefits $129,996 3) Travel and Training $25,000 4) Equipment 0 5) Supplies $36,900 6) Contract Services $20,000 7) Indirect Costs Total Proposed Costs $746,896 Less Cash from Other Sources $572,620 Total Amount Funded by Task Force $174,276 The authorized official for the grantee accepts the grant award. The authorized official, financial officer, and program director, referred to below as grant officials, must comply with the terms of the grant as written in the Request for Applications issued on December, 2009, 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. 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. Any indigent defense plan documents submitted to the Task Force must continue to meet all grant eligibility requirements. Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 2 of 10
The Judges hearing criminal and juvenile matters must maintain amendments to the Indigent Defense Plans to include the program funded under this award. 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 Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 3 of 10
Program Requirements Attachment A Required Conditions and Reports In addition to the program requirements stated in the Request for Applications (RFA) these 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 form an oversight board to set up and establish the operation of the public defender s office. The board will consist of the Constitutional County Judge and a District Judge, Statutory County Judge, Commissioner, and one defense attorney selected by the executive committee of Bowie County Bar Association. This purpose of this board is to hire the Chief Public Defender and provide assistance and guidance in forming the office. The board will be responsible for the selection of the Chief Public Defender consistent with Code of Criminal Procedure Article 26.044. The board may also provide assistance in developing internal office policies and procedures to govern the office. The County will submit a copy of these policies and procedures to the Task Force. The County must maintain a written policy that includes caseload standards for each attorney and for the operation of this program. In developing caseload standards, nationally recognized standards (e.g. American Bar Association s ethics opinion on caseload standards for public defenders) and standards used by other states shall be taken into consideration. The Chief Public Defender is responsible for determining overload. The Chief Public Defender must notify the Public Defender board in writing if an exception to the caseload standards is authorized. 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 before a person is selected. The County must provide to the Task Force staff with a description of how case assignments will be allocated between the public defender s office and the current rotation system. Participation All affected courts of the county hearing criminal matters punishable by incarceration (constitutional county courts, statutory county courts and district courts) in Bowie and Red River counties must cooperate with this program. Activity 2008 Bowie County Discretionary Grant Application Narrative a. Application Form Counties Represented: Bowie and Red River Fiscal Year: 2008 State Payee Identification Number: 756000829 Division To Administer Grant: Auditor s Office Program Title: Public Defender Initiative Requested Grant Amount: $621,517 Financial Officer: William E. Tye Program Director: John F. Miller, Jr. Mailing Address: P.O. Box 248; New Boston, TX 75570 b. Introduction (Executive Summary) Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 4 of 10
Bowie County will create and operate a regional public defender office that will represent indigent adult defendants in misdemeanor, felony and juvenile cases in Bowie and Red River Counties, except in those cases in which a conflict or overload exists. Cases involving limited appeals will be included. The office will not accept Capital Murder Cases wherein the death penalty is sought. c. Problem Statement There is no institutional presence in Bowie & Red River Counties to advocate for defendants resulting in occasions where indigent defendants get lost in the system. Early representation by counsel for indigent defendants is needed to ensure that rights are adequately protected. The counties have three Drug Courts, one SAFPF Re-entry Court and one Mental Health Court. The majority of those entering these courts are indigent. A trained PD in these Courts will assure adequate representation without delay. Texarkana is split by the state line between Texas and Arkansas. Because of our uniqueness, jurisdictional issues are created in the prosecution of defendants. By coordination through PD Offices we will identify and transfer inmates from one state to another timely. Finally, there is not a system to en-sure consistency in training and specialization for defense counsel, which would enhance representation. d. Objectives 1) Provide early representation by defense counsel to ensure that indigent defendants rights are more adequately protected in the criminal justice system. 2) To facilitate representation for quicker dispositions, alleviate jail over crowding, and to move the courts trial docket more efficiently, when appropriate. 3) Provide specialized attorneys to participate in Drug Courts, helping the process to be more efficient and more adequately protect the rights of indigent drug court participants without causing undo delays, and without disrupting small group settings of those courts. 4) Create more continuity of representation of indigent defendants in drug court sanction hearings. 5) Allow for evaluation of case assignments and provide more uniformity in training, experience, and specialization of defense counsel for indigent defendants. 6) Assist indigent defendants and the courts in resolving complicated jurisdictional issues created by the prosecution of cases in both Texas and Arkansas and the other sister states. e. Methodology or Project Design (Activities) In accordance with the Texas CCP Article 26, 044, Bowie and Red River counties propose to appoint a Chief public Defender and will hire six (6) assistant public defenders and staff to augment (not eliminate) the current rotation system in the representation of indigent defendants in all degrees of felonies (excluding capital murder), misdemeanors and juvenile offenses, except in those cases in which a conflict or case overload exists. If funding is offered by the Task Force for anytime over the four year agreement, Bowie and Red River Counties may review the potential to provide an offer for Cass County to consider participating in this program. The office will develop reporting tools to document numbers of indigent cases, outcomes, the length of time required to reach a disposition and track defendants through the system. A preference will be given to provide some attorneys and staff that are fluent in Spanish. The Public Defenders will be admitted to practice before the Supreme Court of Texas, be in good standing with the State Bar of Texas, and be experienced in providing quality representation to criminal defendants. Investigators will work with the Public Defender to assist in the following: Locate and interview victims, witnesses and law enforcement personnel; Locate and gather records, reports and documents, and serve subpoenas; Visit and recreate crime scenes by measuring, photographing and sketching; Prepare written reports and testify in court as required by the supervising Public Defender; Coordinate criminal pre-trial and other investigations; Assist the Public Defender(s) in all aspects of case preparation for all levels of courts. Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 5 of 10
Upon notice that Bowie County has been awarded the grant, an oversight board will be formed to set up and establish the Public Defender s Office. The Board may consist of county and judicial officials of both Red River and Bowie counties and one member of the defense bar determined after acceptance of the grant. f. Evaluation The county will work with the local criminal justice stakeholders (including the Arkansas Public Defender Office), the commissioners courts, and the Task Force to develop measures and evaluation tools to best define the impact of the office on the counties' over system and specifically the improvement in indigent defense services. The county will seek local or regional educational sources to assist whenever feasible. Task Definition Report Establish oversight board The courts, commissioners court, and local bar select members to serve on oversight board. Notify the Task Force of the date of first meetings. Submit any resolutions or documents that establish the oversight board or define its role as well as names and contact information of committee members. Requests for Qualifications (RFQ) Commissioners court issues Requests for Qualifications to determine if there are non-profits able to serve the County. Select PD Proposal The oversight board makes recommendation of preferred proposal to commissioners court and commissioners court makes selection. Date of Issue of RFQ. Submit to Task Force copy of RFQ. Report date proposal selection is made and the contact information of selected proposal. Appoint Chief Public Defender (CPD) Job Descriptions completed Staff will be hired Set up remote locations Office Setup 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 Bowie 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. Report date Chief PD selection is made and the contact information. Report the date completed and e- mail copies to thetask 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 location of office. Software setup Setup attorneys and caseworkers Report the date the software setup with the Bowie County PD Office is completed and functional. Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 6 of 10
Task Definition Report Case Management system. Set up Monitoring Report System Performance measure method 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. Staff will be trained Each staff will go through orientation and training sessions. Report the date the performance measure tracking method is completed and in operation. Report date initial orientation and training is complete for each staff member. Policies and Procedures completed and provided to staff Commence Public Defender Representation Begin serving defendants Change indigent defense plan 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 overload 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. Report date that the manual is distributed. E-mail a copy to Task Force. Report date that referral 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. Outputs Department Assigned Case Type Department Caseload Department Cases Disposed 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. Each month count the total number of cases that are closed from the department s assignment log during the month. Report on-line the total number of cases that were handled by casetype for each month once 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. Report on-line the total number of cases that are closed from the department s assignment log during the month and how each case was resolved (plea, bench trial, jury trial, dismissal, etc.). Attorneys Caseload Summary Count the total department active caseload and divide by total number of attorneys representing clients. Also report the largest Report average, minimum, and maximum caseload for all attorneys by month. Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 7 of 10
Task Definition Report 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 Average Cost per Case PD office 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 ) Divide annual total expenses by total cases disposed. Report the average cost per case for the PD department by year. Average Cost per Case assigned counsel system 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. Divide annual total expenses by total cases disposed. Report the average cost per case for the assigned counsel system by year. Outcomes Average number of days from appointment to first contact. Average pretrial confinement for PD clients. Average length of time between arrest and resolution of case 1) Record the date and time each notice of court appointment was made; 2) Record the date and time PD made first contact with each defendant each month; 3) Calculate the total number of hours or days between 1 and 2 above for each defendant; 4) Add all of the days or hours and divide by total number of defendants contacted each month to determine the average time to first contact. Document total number of days all clients were in custody prior to trial. For each month, calculate the sum of days incarcerated for all cases resolved for that month divided by the total number of clients whose cases were closed. Calculate this each month for the cases that were resolved during the month by disposition or by finding of incompetency: 1) Record the date of each arrest for each defendant; 2) Record the date case was resolved; 3) Calculate the total Report the average number of days from the notice of court appointment received to the day first contact is made for each month. Report the average number of days clients are in custody prior to trial each month. Report the average number of days between the time of arrest and case resolution each month. Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 8 of 10
Task Definition Report number of days between arrest and case resolution for each client; 4) Divide the sum of days between arrest and case resolved by the total number of cases resolved for the month. Cooperate with Task Force on other measures To be determined g. Future Funding Bowie and Red River County realize that the funds from the Discretionary Grant will decrease yearly and will end completely after the fourth fiscal year. It is believed that by utilizing and maintaining a well trained Public Defenders Office, alleviating the overcrowding in the jail and the costs of housing associated, Bowie County will show many positive benefits of maintaining the program beyond the grant period. It is expected that the commissioners court will maintain and approve future funding to operate and improve the Bowie County/Red River Public Defenders Office. h. Budget Personnel The Public Defenders staff will include: 1) 1 Chief Public Defender; Salary range of $90,000 - $100,000 2) 1 Chief Assistant Public Defender; Salary Range of $65,000 - $75,000 3) 5 Assistant Public Defenders; Salary Range of $40,000 - $60,000 4) 1 Investigator; Salary Range of $30,000 - $35,000 5) 2 Legal Assistants Salary Range of $25,000 - $30,000 6) 1 Entry Level Public Defender; Salary Range of $30,000 - $35,000 Three assistant Public Defenders will be dedicated to felony cases. One assistant Public Defender will be dedicated to Misdemeanor cases. One assistant Public Defender will be dedicated to Juvenile cases. The estimated Fringe benefit will be 25%. Travel The travel and training budget includes $11,000 for local travel for eight attorneys and one investigator. Court systems in Red River County and Bowie County, which includes New Boston and Texarkana, will be serviced by the Public Defenders office. Another $14,000.00 has been budgeted for travel and training regarding attorney CLE expenses. 25 Hours of CLE's are required yearly for each attorney specializing, for example in Mental Health, Drug Court ect. Equipment Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 9 of 10
Supplies Supplies includes costs for Library, including Westlaw, office supplies, postage, copy machine rental and telephone usage, which includes 7 cell phones/usage. Contract Services Contract services include rent for building space and other contract services that may arise. In-kind services that will be provided by Bowie County and Red River County include human resource services, facility security, janitorial service and various facility maintenance. Direct Costs: 1) Personnel (Total Number of FTEs: ) $535,000 2) Fringe Benefits $129,996 3) Travel and Training $25,000 4) Equipment 0 5) Supplies $36,900 6) Contract Services $20,000 7) Indirect Costs Total Proposed Costs $746,896 Less Cash from Other Sources $572,620 Total Amount Funded by Task Force $174,276 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 October 2010 through Budget Status Report January 17, 2011 January 2011 December 2010 Progress report January 2011 through Budget Status Report April 15, 2011 April 2011 March 2011 Progress report April 2011 through June Budget Status Report July 15, 2011 July 2011 2011 Progress report July 2011 through September 2011 FINAL Expense Report Final Progress Report and Conclusion. Delivery of Final Product and Demonstration November 15, 2011 November 2011 Bowie County FY2011 Continued Multi-year Discretionary Statement of Grant Award Page 10 of 10