Indigent Defense Issues
A recent meeting of the legislative workgroup of the Texas Indigent
Defense Commission (TIDC) raised some questions concerning implementation of the requirements of the Fair Defense Act. Counties should periodically review their compliance with these requirements to ensure continued grant funding and to avoid litigation. A couple of these issues deserve further discussion.
First, TIDC staff stated that 11 counties reported at least 10 misdemeanor cases but no appointment of attorneys for indigent defendants. These counties were Cottle, Fisher, Glasscock, King, Loving, McMullen, Presidio, Roberts, Schleicher, Terrell and Zavala. This may be the result of reporting errors, but counties are reminded that attorneys must be appointed upon request of indigent defendants in Class A and B misdemeanors.
Second, the Texas Fair Defense Project (TFDP) alleges that it has received complaints from indigent defendants concerning problems requesting appointment of counsel between magistration and the first court appearance. According to the TFDP, these complaints arose in the following 25 counties:
- Bell County
- Brazoria County
- Brazos County
- Collin County
- Coryell County
- Denton County
- Erath County
- Galveston County
- Garza County
- Grayson County
- Hamilton County
- Harris County
- Jefferson County
- Live Oak County
- Nueces County
- Parker County
- Potter County
- Randall County
- Rusk County
- Scurry County
- Smith County
- Taylor County
- Travis County
- Waller County
- Williamson County
Please note that the county must receive and consider applications for appointment of counsel in a timely manner, even if the defendant is released on bond. Incidentally, the TFDP has previously filed litigation against Gillespie and Williamson counties for alleged violations of the Fair Defense Act. An annual compliance review with the judges and clerks could avoid a lawsuit.
For more information, please call me at 1-800-733-0699.