Indigent Defense 2012 & Beyond

1. Indigent Defense 2012 & Beyond V.G. Young Institute School For County Officials February 9, 2012 College Station James Bethke, Texas Indigent Defense Commission

2. www.txcourts.gov/tidc

3. The right to counsel is required by the U.S. Constitution and Texas law. It is NOT discretionary.

4. Sixth Amendment 1791

5. Powell v. Alabama 1932

6. Betts v. Brady 1942

7. 1963

8. pop 188 million

9. gas 30¢ gallon

10. 55¢

11. movie ticket 85¢

13. "If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter; the court did look into his case; he was re-tried with the help of competent defense counsel; found not guilty and released from prison after two years of punishment for a crime he did not commit. And the whole course of legal history has been changed." Robert F. Kennedy

14. Gideon v. Wainwright 1963

15. Gideon vs. Wainwright In our adversary system of criminal justice…. With government “quite properly” spending “vast sums of money to establish machinery to try defendants accused of crime”.....you need ….. “procedural and substantive safeguard designed to assure fair trials before impartial tribunals in which defendants stands equal before the law” “This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.” Gideon v. Wainwright, 373 US 335 (1963)

17. In Re Gault 1967

18. Argersingerv.Hamlin 1972

19. 2001

20. Pop 285 million

22. dozen eggs 89¢

23. movie ticket $5.66

25. Texas Fair Defense Act passed

26. First Comprehensive Statewide • Funding • Rules & Reporting • State Body to Assist

27. Long-term Short-term Intermediate Determine effectiveness of policies and recommend changes to maintain and improve the effectiveness of the public defense systems Implement basic standards and reporting requirements Set and administer grant funding program Develop operational performance standards for public defense services Original Goals of 2001/2002 Page 3

29. Rothgery v. Gillespie County 2008

30. Williamson County Case Filed in 2006 / Argued before the Supreme Court of Texas 11/ 6/11. Petitioners Allege: ‘Systematic denial in county courts at law of right to counsel They were discouraged from requesting counsel They were informed that they would not qualify for appointed counsel if their families were able to raise bond money. The county ‘provide[s] inaccurate information about the ability to qualify for counsel and encourage[s] accused persons to waive their right to counsel without adequate information.’

31. 2011

32. Pop 311 million

33. gas $3.39 gallon

34. doz eggs $1.89 (organic $3.50)

35. movie ticket $10

37. 82nd Legislature

38. Shared Solutions 2012

40. my running story T A C

41. TIMING

42. Time-Frame to Appoint Counsel

43. ADEQUACY

44. Screening & Verification Overview Private counsel retained magistration Appoint counsel No Yes Is counsel requested? Does person qualify for counsel? Pre-Trial assists w/& verifies financial affidavit magistration Private counsel retained Yes Yes No Pre-Trial Services used before magistration? Arrest Does person qualify for counsel? Appoint counsel Yes Magistrate assists w/& verifies financial affidavit Yes No Is counsel requested? Private counsel retained magistration No No Private counsel retained

46. COMPENSATION

47. ART. 26.05, CCP Compensation of Counsel Appointed

48. Reasonable • Schedule of Fees • Necessary Overhead

49. 2012 AND BEYOND