THE BEST OF TEXAS
The Texas Task Force on Indigent Defense: A Prime Example of Collaboration among Advocates and Agencies for Positive Outcomes
The Texas Criminal Justice Coalition seeks out a wide array of partners and allies to fulfill its mission. As our efforts gain more traction across the state, it has become possible for all of our campaigns to forge productive relationships with like-minded criminal justice practitioners, court officials, and critical state agencies. The work of TCJC’s Fair Defense Project with the Texas Task Force on Indigent Defense stands out as an example. The entire staff at the Task Force has become an incredibly valuable resource for the Fair Defense Project. Jim Bethke, Executive Director for the Task Force, is a man of conviction and integrity and has led his agency admirably.
We are honored to feature his analysis of the Task Force’s efforts and successes during the legislative session. We couldn’t have picked a better person as a debut for this new “THE BEST OF TEXAS” segment of TCJC’s newsletter. Thanks Jim!
By Jim Bethke, Director, Task Force on Indigent Defense and
Wesley Shackelford, Special Counsel, Task Force on Indigent Defense
The Task Force on Indigent Defense (Task Force) led by the Honorable Sharon Keller, Presiding Judge, Court of Criminal Appeals, embraces an open and collaborative process for the purpose of developing policy recommendations for the Legislature. Acting under authority of its enabling statute, the Task Force through its Policies and Standards Committee holds a series of open meetings each summer of even-numbered years before session to discuss and consider proposals for the upcoming legislative session. Any and all ideas that relate to indigent defense are fair game.
The Process of Collaboration
During these summer sessions, individuals representing judges, counties, public interest groups, advocates, defense attorneys, legislators, prosecutors, and the Governor’s office are invited and encouraged to participate in a series of lively discussions. Ideas that are larger in scope or that need more development are often referred to sub-workgroups of members interested in the topic before being brought back to the full workgroup. Task Force staff coordinate the activity of the workgroup and moderate meetings while allowing other members to take the lead on individual proposals. Last summer, the full workgroup of the Policies and Standards committee met three times with numerous sub-workgroup meetings and teleconferences.
Then at a formal meeting of the Policy and Standards Committee in late summer, proposals where consensus or near-consensus was reached were presented and discussed. The committee itself disapproved some items and requested additional work on others. The full committee then met one last time to consider the final list of proposals and make recommendations to the full Task Force, which discussed and voted on the recommended proposals. Recommended items were converted into a resolution and presented to the Texas Judicial Council for approval. Ultimately, the recommendations were included in the Task Force’s Annual Report to the Governor and Legislature.
The Results of Collaboration
Of the six proposals that were adopted by the Task Force and presented to the 80th Legislature, three have been signed by the Governor (see below). Also, in part because of this process and a thorough documenting of the need for better funding in Texas, the 80th Legislature successfully increased indigent defense funding by 50 percent – the largest state increase since the inception of the Fair Defense Act in 2001. Texas currently ranks 43rd out of the 50 states – last out of the ten most populous states – in what we spend on indigent defense per capita ($6.43/per capita). This will provide needed relief to local governments and help Texas continue its efforts to develop a more effective indigent defense delivery system.
Below is summary of the recommendations that were signed into law this session:
· HB 1265 by Peña / Sponsor Sen. Seliger: HB 1265 allows the Task Force to meet four times per year rather than having to meet each quarter, and strikes “ad hoc” from the definition of assigned counsel programs. An “ad hoc” appointment system allows for a judge to appoint attorneys randomly instead of from a rotational list of attorneys, which is required by the Fair Defense Act.
· HB 1267 by Peña / Sponsor Sen. Seliger: HB 1267 allows appointed counsel to appeal a judge’s failure to act on a request for payment within 60 days. This will encourage judges to act timely on attorney fee vouchers submitted. It also streamlines the payment system for paying attorneys for representing Texas Department of Criminal Justice inmates who are charged with new crimes and who may not be represented by the State Counsel for Offenders. Under the bill, counties will pay appointed counsel for services provided according the local fee schedule, and the comptroller shall reimburse counties for the cost of inmate indigent defense within 60 days after receiving a request for reimbursement. It also ensures that indigent inmate defense is governed by the Fair Defense Act. And last, it creates a new $2 fee on criminal convictions to be used for indigent defense services. The fee is expected to generate about $7.6 million in new revenue annually.
· SB 168 by Ellis / Sponsor Rep. Flores: SB 168 eliminates the scheduled 2007 sunset of the State Bar legal services fee, half of which is allocated to indigent defense and half to civil legal services to the poor. The fee generates almost $2 million per year for indigent defense, which must be used for demonstration and pilot programs, and to date has been used to fund six new public defender offices in Texas.
For more information on the Task Force, please visit online at