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 Nelson W. Wolff Bexar County Judge 100 Dolorosa St. #1.01 San Antonio, TX 78205- VIA FAX: 214-335-2926 January 26, 2005 Dear Judge Wolff; I am pleased to inform you that the Texas Task Force on Indigent Defense has awarded Bexar County an FY05 Discretionary Grant in the amount of $370,076. In response to your application titled Appellate Public Defender's Office for Bexar County, Texas, 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 Bexar 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-D01 Grantee Name: Bexar County Program Title: Appellate Public Defender's Office for Bexar County, Texas Grant Period: 3/1/2005-2/28/2006 Grant Award Amount: $370,076 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: Direct Costs Standard Grant Conditions: 1) Personnel (Total Number of FTEs: 5 ) $273,150 2) Fringe Benefits $93,548 3) Travel and Training $10,000 4) Equipment $23,458 5) Supplies $12,440 6) Contract Services and Office Rental $50,000 Total Direct Costs $462,596 Indirect Costs: 7) Indirect Costs 0 Total Indirect Costs Total Proposed Costs $462,596 Less Cash from Other Sources County Match $92,519 Total Amount Funded by Task Force $370,076 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 9 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 9 pages
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 create an oversight board to supervise the operation of this department. The oversight 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, a juvenile district court judge selected by the judges hearing juvenile matters, the criminal district courts administrator, the juvenile district courts administrator, one practicing criminal defense attorney on the Bexar County appointment list and one criminal defense attorney not on the Bexar County appointment list. The criminal defense attorneys will be selected by vote on odd numbered years by the officers of the Bexar County Bar Association. The County may choose to replace any of the positions listed above with a Justice actively serving on the 4 th Court of Appeals with the court s consent. This oversight board must be responsible for recommending the selection and removal of the Chief Public Defender. The administrative role of this oversight 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 standards 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 may 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 FY05 Discretionary Grant Application from Bexar County before a person is selected but not more than thirty days after acceptance of this grant. Activity (Edited) Bexar County is applying for a multi-year discretionary grant in the amount of $370,076, for the first year, to assist in the establishment of an appellate public defender s office. Provide better representation for indigent appellants by ensuring appellants consistent, accountable, highly qualified professional representation throughout the appellate process, including pursuing all meritorious claims; Page 3 of 9 pages
and centralizing management of indigent appeals, thereby increasing productivity, efficiency, and ultimately saving the County money. Establish a fully functional appellate public defender s office in Bexar County, staffed by four full-time attorneys and one office assistant within the first four months of receiving grant. Provide in-house appellate representation for all appellate cases, except those in which a conflict exists. (Potential conflict would arise when there are co-defendants who wish to appeal, or when the interests of an appointed appellant would conflict with another client of the office.) Reduce the percentage of cases appointed from the bench from 100% to <5% within the first year of operation. (Cases appointed from the bench would consist of cases in which a conflict exists; currently, such conflict cases comprise <5% of all appointed appeals.) Maintain a manageable caseload of open appeals, between 25-30 cases per year per attorney, within one year of becoming operational. If awarded a grant to assist in the implementation and development of an appellate public defender's office, Bexar County intends to follow the law and procedures set forth in Texas Code of Criminal Procedure Article 26.044. Upon notice that the county has been awarded the grant, an oversight board will be formed to oversee the appellate public defender s office. The oversight 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, a juvenile district court judge selected by the judges hearing juvenile matters, the criminal district courts administrator, the juvenile district courts administrator, one practicing criminal defense attorney on the Bexar County appointment list and one criminal defense attorney not on the Bexar County appointment list. The criminal defense attorneys will be selected by vote on odd numbered years by the officers of the Bexar County Bar Association. The County may choose to replace any of the positions listed above for a Justice actively serving on the 4 th Court of Appeals with the court s consent. This oversight board must be responsible for recommending the selection and removal of the Chief Public Defender. The administrative role of this oversight 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 Bexar 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 ideally should be in the downtown area, it would not be necessary that the appellate public defender s office be housed in the justice center or courthouse. The Chief Public Defender will hire the staff in a manner consistent with Bexar County personnel policy and procedures. The staff positions, salaries and job descriptions will be consistent with other existing county positions performing similar duties. Page 4 of 9 pages
After the oversight board has completed the search for the chief public defender, postings for the attorney and office assistant positions should be made. It is anticipated that these positions would be filled within 30-45 days after posting, which would be approximately two months after the award of the grant. The chief public defender will also be charged with setting up the office. Tasks necessary to prepare the office for use would include purchasing office furniture, arranging for office systems, such as telephone and computer systems, purchasing office supplies, and completing paperwork necessary for new hires. As staff members are hired, they may assist in this stage of the preparation. Preparing the office for use should take two to three weeks, and preparation should be complete within three months of receiving the grant. 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. 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. Final preparations for making the office functional would relate to communicating with the courts from which the office would receive appointed cases. This would include criminal district courts, county courts handling criminal matters, and juvenile courts. Staff members would be involved in educating court staff about the process for referring appellate cases to the appellate public defender s office. Ideally, upon sentencing, the judge will instruct the defendant that he or she has the right to appeal, and if the defendant is indigent and desires an appeal, the court will appoint the appellate public defender s office. Appointment early on will help to alleviate some of the problems with the current system, and would allow the public defender s office to file the documents necessary to perfect the appeal as well as foster a relationship with the appellant. The courts in coordination with the chief public defender will develop a written policy to formalize the notice of appeal process. Any changes will also be reflected in any revisions to the Bexar County Indigent Defense plans. Project evaluation (Edited) The oversight board will meet every six months to monitor the progress of the appellate public defender s office. Attorneys in the public defender s office will keep statistics of cases assigned, cases currently in process, and cases disposed, broken down by attorney. The oversight board will have access to these statistics to insure that the office is meeting its goals in the number of appointments accepted and disposed of. The oversight board will also examine the appointments made to attorneys outside of the office (conflicts appointments) to ensure that all non-conflicted cases are being assigned to the public defender. Task Definition Report Establish oversight board Requests for Qualifications (RFQ) 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. 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. Page 5 of 9 pages
Task Definition Report Select PD Proposal If governmental entity selected, Appoint Chief Public Defender (CPD) Job Descriptions completed Staff will be hired Office Setup Software setup Performance measure method Staff will be trained 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 Bexar County s existing HR processes. Document the date that each employee is hired. 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 Bexar County PD Office Case Management system 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. Each staff will go through orientation and training sessions. 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. 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 Report the date the performance measure tracking method is completed Report date initial orientation and training is complete for each staff member. Page 6 of 9 pages
Task Definition Report Policies and Procedures completed and provided to staff Notice to defendants of appeal procedure Begin serving defendants Change indigent defense plan Outputs Department Assigned Case Type Department Caseload Department Cases Disposed Attorneys Caseload Summary 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 with courts the procedure to provide notice to defendants and case assignment process to appellate PD. 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. Juv. Fel., Cap, 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. 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 Report date that the manual is distributed. E-mail copy to Task Force. Report date that procedure 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. 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. Page 7 of 9 pages
Task Definition Report PD Show Cause Hearings Private Bar Show Cause Hearings Outcomes Total Show Cause hearings Survey Appellate and Trial Court Judges Cooperate with Task Force Consultant on other measures Count the number of show cause hearings held by Bexar County trial courts for cases assigned to appellate public defender offices by month. 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. Count the number of show cause hearings held by Bexar County trial courts for cases assigned to the private bar attorneys assigned to appellate cases by month. Do not count cases that were transferred to private bar from the Public Defenders. Only those assigned by the court directly to the private bar by the courts. Compare the number of show cause hearings for the previous year to the current year. Create a simple survey to be given to Appellate and 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 show cause hearings held by Bexar County trial courts for cases assigned to appellate public defender offices by month. Report the total number of show cause hearings held by Bexar County trial courts for cases assigned to private bar by month. Report the number of show cause hearings for each time period and the percent decrease between the two years. 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 Page 8 of 9 pages
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. 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 9 of 9 pages