Chapter 174. INDIGENT DEFENSE POLICIES AND STANDARDS
TITLE 1.ADMINISTRATION
Part 1. OFFICE OF THE GOVERNOR
Chapter 5. BUDGET AND PLANNING OFFICE
Subchapter B. STATE AND LOCAL REVIEW OF FEDERAL AND STATE ASSISTANCE APPLICATIONS
1. INTRODUCTION AND GENERAL PROVISIONS OF TEXAS REVIEW AND COMMENT SYSTEM
1 TAC §5.195
The Office of the Governor proposes amendments to 1 TAC §5.195, concerning the Texas Review and Comment System. The proposed changes add 25 new programs for review and delete 20 programs that no longer exist or are no longer of widespread interest and conform program numbers to current listings in the Catalog of Federal Domestic Assistance. The programs proposed to be added and deleted are based on responses received from all state agencies with Texas Review and Comment System coordinators.
Denise S. Francis, State Single Point of Contact, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended section.
Ms. Francis has also determined that for each year of the first five years the amendments are in effect the public benefits anticipated as a result of enforcing or administering the amended section will be a more effective use of public and financial resources and increased information sharing and coordination among affected governmental entities. There will be no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Denise S. Francis, State Single Point of Contact, Office of the Governor, Budget, Planning and Policy Division, P.O. Box 12428, Austin, Texas 78711, (512) 463-8465, dfrancis@governor.state.tx.us for a period of 30 days following publication.
The amendments are proposed under Government Code, Title 7, §772.004 and §772.005, and the Local Government Code, Chapter 391 (§391.008), which authorizes the Office of the Governor to provide for review of state and local applications for grant and loan assistance and to establish policies and guidelines for review and comment. Chapter 391 of the Local Government Code requires certain applicants for state or federal assistance to submit their applications for review to the appropriate regional planning commissions and directs the governor to issue guidelines for carrying out such reviews.
No statutes are affected by these amendments
§5.195.Program Coverage.
(a) - (b) (No change.)
(c) Federal programs included for review under TRACS pursuant to these laws, plus selected other activities, including all direct federal and state development not specifically excluded by law, are shown, respectively, in Tables I and II. Copies of these tables may be obtained from Ms. Denise S. Francis, State Single Point of Contact, Office of the Governor, Budget, Planning and Policy Division, Post Office Box 12428, Austin, Texas 78711-2428 or dfrancis@governor.state.tx.us. As required by state law (Government Code, §772.005), all state agencies must notify the Office of the Governor when applying for federal funds.
Figure: 1 TAC §5.195(c)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 1, 2006.
TRD-200602998
Katherine Knight
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 463-3471
Part 8. TEXAS JUDICIAL COUNCIL
Chapter 174. INDIGENT DEFENSE POLICIES AND STANDARDS
Subchapter B. CONTRACT DEFENDER PROGRAM REQUIREMENTS
The Task Force on Indigent Defense (Task Force) is a permanent Standing Committee of the Texas Judicial Council. The Task Force proposes new §§174.10 - 174.25, concerning the establishment of contract defender program requirements. The new sections are proposed to establish minimum requirements for the use of contract defender programs to provide indigent defense services. The rules provide for an open attorney application and selection process by the judges or juvenile board in whose court the attorney will serve. The rules also require that certain specific items be included in a contract for indigent defense services and the contract be approved by the county.
Glenna Rhea Bowman, Chief Financial Officer of the Office of Court Administration, has determined that for each year of the first five years the proposed sections are in effect, enforcing or administering the sections could have a minimal fiscal impact on local governments that choose to implement or modify procedures to align with the proposed rules. The sections do not have any foreseeable implications relating to cost or revenues of state government.
Ms. Bowman has determined that there will be no material economic costs to persons who are required to comply with the new sections, nor do the proposed sections have any anticipated adverse effect on small or micro-businesses.
Jim Bethke, Director of the Task Force, has also determined that for each of the first five-year period the rules are in effect the public benefit will be an improvement in the quality of indigent defense services because a broader range of qualified attorneys will have the opportunity to apply to provide indigent defense services under a contract.
Comments on the proposed new sections may be submitted in writing to Wesley Shackelford, Special Counsel, Task Force on Indigent Defense, P.O. Box 12066, Austin, Texas 78711-2066, or by fax to (512) 475-3450 no later than 30 days from the date that the proposal is published in the Texas Register .
1. DEFINITIONS
1 TAC §174.10
The new section is proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed section.
§174.10.Subchapter Definitions.
The following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.
(1) Appointing Authority. The appointing authority is the:
(A) Judge or judges who have authority to establish an indigent defense plan and approve attorneys to represent indigent defendants in criminal cases under Article 26.04, Code of Criminal Procedure; and/or
(B) Juvenile board that has authority to establish an indigent defense plan and approve attorneys to represent indigent respondents in juvenile cases under §51.102, Family Code.
(2) Contract Defender Program. Contract defender program means a system under which private attorneys, acting as independent contractors and compensated with public funds, are engaged to provide legal representation and services to a group of unspecified indigent defendants who appear before a particular court or group of courts.
(3) Contracting Authority. The contracting authority is the county or counties that have the authority to conclude a contract and to obligate funds for the provision of indigent defense services.
(4) Contractor. The contractor is an attorney, law firm, professional association, lawyer's association, law school, bar association, non-profit organization or other entity that can be bound by contract.
(5) Itemized Fee Voucher. An itemized fee voucher is any instrument, such as an invoice, that details services provided by a contractor providing indigent defense services. The itemized fee voucher may be in paper or electronic form. It shall include at a minimum all the information necessary for the county auditor or other designated official to complete the expenditure report required to be submitted to the Office of Court Administration by §71.0351, Government Code.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 31, 2006.
TRD-200602984
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
2. APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES
1 TAC §§174.11 - 174.14
The new sections are proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed sections.
§174.11.Application of Subchapter.
This subchapter applies to all contract defender programs. This subchapter does not apply to public defender programs established and governed by Chapter 26, Code of Criminal Procedure.
§174.12.Application Process.
The appointing authority shall solicit and select contractors in accordance with the procedure governing alternative appointment programs contained in Article 26.04, Code of Criminal Procedure.
(1) Notification. The notification of the opportunity to apply (NOA) to be a contractor shall be distributed in a manner that reasonably covers all practicing members of the bar within the county or other region designated by the appointing authority. The notification shall inform attorneys of all requirements for submitting applications.
(2) Opportunity to Respond. All potential contractors shall have the same opportunity to respond to the NOA and be considered for the award of a contract.
(3) Application. All applications must be submitted in writing and shall be maintained by the appointing authority or contracting authority in accordance with the Texas State Library and Archives Commission Retention Schedule for Local Records- Local Schedule GR.
§174.13.Application Review Process.
Following the review of all applications the appointing authority shall by a majority vote select contractor(s), specify the types of cases each contractor is qualified to handle, and authorize the contracting authority to enter into a contract. The attorneys associated with the selected contractor(s) must meet the attorney qualification requirements contained in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract does not exclude capital cases in which the death penalty is sought, the attorneys associated with the selected contractor(s) must also meet the attorney qualifications set by the regional selection committee and be approved by the regional selection committee to represent clients in capital cases. The appointing authority shall consider at least the following factors when evaluating applications:
(1) Experience and qualifications of the applicant;
(2) Applicant's past performance in representing defendants in criminal cases;
(3) Applicant's disciplinary history with the state bar;
(4) Applicant's ability to comply with the terms of the contract; and
(5) Cost of the services under the contract.
§174.14.Awarding the Contract.
In accordance with Article 26.04(h), Code of Criminal Procedure, the contracting authority may approve the recommended contractor(s) and enter into a contract for services. The contracting authority shall enter into a contract only if it complies with these standards and all applicable law governing professional services contracts entered into by counties. A contract shall not be awarded solely on the basis of cost.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 31, 2006.
TRD-200602985
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
3. REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA)
1 TAC §§174.15 - 174.25
The new sections are proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed sections.
§174.15.Parties.
Identify the appointing authority, contracting authority, and contractor.
§174.16.Term of Contract.
The contract shall specify the term of the contract, including any provision for extensions, and a provision for terminating the contract by either party.
§174.17.Scope of Contract.
The contract shall specify the categories of cases in which the contractor is to provide services.
§174.18.Minimum Attorney Qualifications.
The contract shall specify minimum qualifications for attorneys covered by the contract and require such attorneys to maintain the qualifications during the term of the contract. The qualifications shall equal or exceed the qualifications provided in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract does not exclude capital cases in which the death penalty is sought, the qualifications shall equal or exceed the minimum attorney qualifications set by the regional selection committee and the attorneys covered by the contract shall be required to be on the list of attorneys approved by the regional selection committee to represent clients in capital cases. If a contract covers services provided by more than one attorney, qualifications may be graduated according to the seriousness of offense and each attorney shall be required to meet and maintain only those qualifications established for the offense level(s) for which the attorney is approved to provide defense services.
§174.19.Duration of Representation.
The contract shall specify that the contractor has the responsibility to complete all cases once representation is commenced during the term of the contract, unless an attorney covered by the contract is relieved or replaced in accordance with Article 26.04(j)(2), Code of Criminal Procedure.
§174.20.Substitution of Attorneys.
The contract shall identify the attorney(s) who will perform legal representation in each category of case covered by the contract and prohibit the substitution of other attorneys without prior approval by a majority of the appointing authority. Nothing in the contract shall prohibit an attorney covered by the contract from being relieved or replaced in accordance with Article 26.04(j)(2) of the Code of Criminal Procedure.
§174.21.Caseload Limitations.
The contract shall set the maximum number of cases or workload each attorney may be required to handle pursuant to the contract.
§174.22.Standards of Representation.
The contract shall require that the contractor provide zealous legal representation to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct.
§174.23.Conflicts of Interest.
The contract shall state a policy to assure that the contractor and its attorneys do not provide representation to defendants when doing so would involve a conflict of interest.
§174.24.Investigators and Experts.
The contract shall specify how investigation services and experts that are necessary to provide competent representation will be made available in a manner consistent with Article 26.05(d), Code of Criminal Procedure.
§174.25.Compensation and Payment Processes.
The contract shall set the amount of compensation to be paid to the contractor and the designated method and timing of payment. The contract shall state that the contractor shall be required to submit an itemized fee voucher. The voucher must be approved by a member of the appointing authority prior to being forwarded to the county financial officer for approval and payment. The contract shall also specify how a contractor is to be compensated for cases assigned but not disposed within the term of the contract as provided in §174.19 of this subchapter.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 31, 2006.
TRD-200602987
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
Part 1. OFFICE OF THE GOVERNOR
Chapter 5. BUDGET AND PLANNING OFFICE
Subchapter B. STATE AND LOCAL REVIEW OF FEDERAL AND STATE ASSISTANCE APPLICATIONS
1. INTRODUCTION AND GENERAL PROVISIONS OF TEXAS REVIEW AND COMMENT SYSTEM
1 TAC §5.195
The Office of the Governor proposes amendments to 1 TAC §5.195, concerning the Texas Review and Comment System. The proposed changes add 25 new programs for review and delete 20 programs that no longer exist or are no longer of widespread interest and conform program numbers to current listings in the Catalog of Federal Domestic Assistance. The programs proposed to be added and deleted are based on responses received from all state agencies with Texas Review and Comment System coordinators.
Denise S. Francis, State Single Point of Contact, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended section.
Ms. Francis has also determined that for each year of the first five years the amendments are in effect the public benefits anticipated as a result of enforcing or administering the amended section will be a more effective use of public and financial resources and increased information sharing and coordination among affected governmental entities. There will be no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Denise S. Francis, State Single Point of Contact, Office of the Governor, Budget, Planning and Policy Division, P.O. Box 12428, Austin, Texas 78711, (512) 463-8465, dfrancis@governor.state.tx.us for a period of 30 days following publication.
The amendments are proposed under Government Code, Title 7, §772.004 and §772.005, and the Local Government Code, Chapter 391 (§391.008), which authorizes the Office of the Governor to provide for review of state and local applications for grant and loan assistance and to establish policies and guidelines for review and comment. Chapter 391 of the Local Government Code requires certain applicants for state or federal assistance to submit their applications for review to the appropriate regional planning commissions and directs the governor to issue guidelines for carrying out such reviews.
No statutes are affected by these amendments
§5.195.Program Coverage.
(a) - (b) (No change.)
(c) Federal programs included for review under TRACS pursuant to these laws, plus selected other activities, including all direct federal and state development not specifically excluded by law, are shown, respectively, in Tables I and II. Copies of these tables may be obtained from Ms. Denise S. Francis, State Single Point of Contact, Office of the Governor, Budget, Planning and Policy Division, Post Office Box 12428, Austin, Texas 78711-2428 or dfrancis@governor.state.tx.us. As required by state law (Government Code, §772.005), all state agencies must notify the Office of the Governor when applying for federal funds.
Figure: 1 TAC §5.195(c)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 1, 2006.
TRD-200602998
Katherine Knight
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 463-3471
Part 8. TEXAS JUDICIAL COUNCIL
Chapter 174. INDIGENT DEFENSE POLICIES AND STANDARDS
Subchapter B. CONTRACT DEFENDER PROGRAM REQUIREMENTS
The Task Force on Indigent Defense (Task Force) is a permanent Standing Committee of the Texas Judicial Council. The Task Force proposes new §§174.10 - 174.25, concerning the establishment of contract defender program requirements. The new sections are proposed to establish minimum requirements for the use of contract defender programs to provide indigent defense services. The rules provide for an open attorney application and selection process by the judges or juvenile board in whose court the attorney will serve. The rules also require that certain specific items be included in a contract for indigent defense services and the contract be approved by the county.
Glenna Rhea Bowman, Chief Financial Officer of the Office of Court Administration, has determined that for each year of the first five years the proposed sections are in effect, enforcing or administering the sections could have a minimal fiscal impact on local governments that choose to implement or modify procedures to align with the proposed rules. The sections do not have any foreseeable implications relating to cost or revenues of state government.
Ms. Bowman has determined that there will be no material economic costs to persons who are required to comply with the new sections, nor do the proposed sections have any anticipated adverse effect on small or micro-businesses.
Jim Bethke, Director of the Task Force, has also determined that for each of the first five-year period the rules are in effect the public benefit will be an improvement in the quality of indigent defense services because a broader range of qualified attorneys will have the opportunity to apply to provide indigent defense services under a contract.
Comments on the proposed new sections may be submitted in writing to Wesley Shackelford, Special Counsel, Task Force on Indigent Defense, P.O. Box 12066, Austin, Texas 78711-2066, or by fax to (512) 475-3450 no later than 30 days from the date that the proposal is published in the Texas Register .
1. DEFINITIONS
1 TAC §174.10
The new section is proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed section.
§174.10.Subchapter Definitions.
The following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.
(1) Appointing Authority. The appointing authority is the:
(A) Judge or judges who have authority to establish an indigent defense plan and approve attorneys to represent indigent defendants in criminal cases under Article 26.04, Code of Criminal Procedure; and/or
(B) Juvenile board that has authority to establish an indigent defense plan and approve attorneys to represent indigent respondents in juvenile cases under §51.102, Family Code.
(2) Contract Defender Program. Contract defender program means a system under which private attorneys, acting as independent contractors and compensated with public funds, are engaged to provide legal representation and services to a group of unspecified indigent defendants who appear before a particular court or group of courts.
(3) Contracting Authority. The contracting authority is the county or counties that have the authority to conclude a contract and to obligate funds for the provision of indigent defense services.
(4) Contractor. The contractor is an attorney, law firm, professional association, lawyer's association, law school, bar association, non-profit organization or other entity that can be bound by contract.
(5) Itemized Fee Voucher. An itemized fee voucher is any instrument, such as an invoice, that details services provided by a contractor providing indigent defense services. The itemized fee voucher may be in paper or electronic form. It shall include at a minimum all the information necessary for the county auditor or other designated official to complete the expenditure report required to be submitted to the Office of Court Administration by §71.0351, Government Code.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 31, 2006.
TRD-200602984
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
2. APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES
1 TAC §§174.11 - 174.14
The new sections are proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed sections.
§174.11.Application of Subchapter.
This subchapter applies to all contract defender programs. This subchapter does not apply to public defender programs established and governed by Chapter 26, Code of Criminal Procedure.
§174.12.Application Process.
The appointing authority shall solicit and select contractors in accordance with the procedure governing alternative appointment programs contained in Article 26.04, Code of Criminal Procedure.
(1) Notification. The notification of the opportunity to apply (NOA) to be a contractor shall be distributed in a manner that reasonably covers all practicing members of the bar within the county or other region designated by the appointing authority. The notification shall inform attorneys of all requirements for submitting applications.
(2) Opportunity to Respond. All potential contractors shall have the same opportunity to respond to the NOA and be considered for the award of a contract.
(3) Application. All applications must be submitted in writing and shall be maintained by the appointing authority or contracting authority in accordance with the Texas State Library and Archives Commission Retention Schedule for Local Records- Local Schedule GR.
§174.13.Application Review Process.
Following the review of all applications the appointing authority shall by a majority vote select contractor(s), specify the types of cases each contractor is qualified to handle, and authorize the contracting authority to enter into a contract. The attorneys associated with the selected contractor(s) must meet the attorney qualification requirements contained in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract does not exclude capital cases in which the death penalty is sought, the attorneys associated with the selected contractor(s) must also meet the attorney qualifications set by the regional selection committee and be approved by the regional selection committee to represent clients in capital cases. The appointing authority shall consider at least the following factors when evaluating applications:
(1) Experience and qualifications of the applicant;
(2) Applicant's past performance in representing defendants in criminal cases;
(3) Applicant's disciplinary history with the state bar;
(4) Applicant's ability to comply with the terms of the contract; and
(5) Cost of the services under the contract.
§174.14.Awarding the Contract.
In accordance with Article 26.04(h), Code of Criminal Procedure, the contracting authority may approve the recommended contractor(s) and enter into a contract for services. The contracting authority shall enter into a contract only if it complies with these standards and all applicable law governing professional services contracts entered into by counties. A contract shall not be awarded solely on the basis of cost.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 31, 2006.
TRD-200602985
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
3. REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA)
1 TAC §§174.15 - 174.25
The new sections are proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed sections.
§174.15.Parties.
Identify the appointing authority, contracting authority, and contractor.
§174.16.Term of Contract.
The contract shall specify the term of the contract, including any provision for extensions, and a provision for terminating the contract by either party.
§174.17.Scope of Contract.
The contract shall specify the categories of cases in which the contractor is to provide services.
§174.18.Minimum Attorney Qualifications.
The contract shall specify minimum qualifications for attorneys covered by the contract and require such attorneys to maintain the qualifications during the term of the contract. The qualifications shall equal or exceed the qualifications provided in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract does not exclude capital cases in which the death penalty is sought, the qualifications shall equal or exceed the minimum attorney qualifications set by the regional selection committee and the attorneys covered by the contract shall be required to be on the list of attorneys approved by the regional selection committee to represent clients in capital cases. If a contract covers services provided by more than one attorney, qualifications may be graduated according to the seriousness of offense and each attorney shall be required to meet and maintain only those qualifications established for the offense level(s) for which the attorney is approved to provide defense services.
§174.19.Duration of Representation.
The contract shall specify that the contractor has the responsibility to complete all cases once representation is commenced during the term of the contract, unless an attorney covered by the contract is relieved or replaced in accordance with Article 26.04(j)(2), Code of Criminal Procedure.
§174.20.Substitution of Attorneys.
The contract shall identify the attorney(s) who will perform legal representation in each category of case covered by the contract and prohibit the substitution of other attorneys without prior approval by a majority of the appointing authority. Nothing in the contract shall prohibit an attorney covered by the contract from being relieved or replaced in accordance with Article 26.04(j)(2) of the Code of Criminal Procedure.
§174.21.Caseload Limitations.
The contract shall set the maximum number of cases or workload each attorney may be required to handle pursuant to the contract.
§174.22.Standards of Representation.
The contract shall require that the contractor provide zealous legal representation to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct.
§174.23.Conflicts of Interest.
The contract shall state a policy to assure that the contractor and its attorneys do not provide representation to defendants when doing so would involve a conflict of interest.
§174.24.Investigators and Experts.
The contract shall specify how investigation services and experts that are necessary to provide competent representation will be made available in a manner consistent with Article 26.05(d), Code of Criminal Procedure.
§174.25.Compensation and Payment Processes.
The contract shall set the amount of compensation to be paid to the contractor and the designated method and timing of payment. The contract shall state that the contractor shall be required to submit an itemized fee voucher. The voucher must be approved by a member of the appointing authority prior to being forwarded to the county financial officer for approval and payment. The contract shall also specify how a contractor is to be compensated for cases assigned but not disposed within the term of the contract as provided in §174.19 of this subchapter.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 31, 2006.
TRD-200602987
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
Labels: CCISD, DelMar College, school to prison pipeline, Solomon Coles, TAKS
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