Definitions, as used in this rule: “Indigent” means a person who is not financially able to employ counsel.
Name and bar card number b.
In a capital case in which the State seeks the death penalty, the rates for the lead attorney's services (first chair) shall be double the hourly rate provided above for non-capital felony attorney's fees.Any co-counsel (second or third chair) appointed by the Court shall be paid at the same rate as for non-capital felony cases under this order.Reasonable expenses incurred for accepting collect telephone calls originating from jail, shall be reimbursed without prior Court approval.The Court shall reimburse counsel for reasonable and necessary copies at the rate of not more than twenty-five cents (25¢) per page, without prior Court approval. All attorneys shall reapply biennially for approval to the Public Appointment List(s) and must be approved by a majority of the District Court Judges handling criminal cases. The court or its designee shall keep a written record of the determination of indigency. d. Provide defendants requesting appointed counsel with necessary forms for request of appointment of counsel and ensure that reasonable assistance is provided to the defendant for completion of the required forms at the time of the magistrate’s hearing.
ART. Capital (First Chair) $35,000 b.
The Office of Court Administration shall manage the appointment system via the Fair Indigent Defense Online system adopted by the county. Appellate counsel shall be appointed from the Public Appointment Lists using the rotation procedure set out above.If appellate counsel is requested on direct appeal, that appointment shall be effective through and including the filing of a Petition For Discretionary Review or Response to a Petition For Discretionary Review and subsequent proceedings through a final decision by the Court of Criminal Appeals.1. (5) All persons determined to be indigent and able to contribute, shall be required to execute a promissory note at the time counsel is appointed. The appointment of counsel shall not be denied to the person because the person's friends or relatives, other than a spouse who was not the victim of any offense or offenses allegedly committed by the person, have resources adequate to retain counsel, or because the person has posted or is capable of posting bond. (1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches. Persons arrested on out-of-county warrants must be appointed counsel if the person has not been transferred or released to the custody of the county issuing the warrant before the 11th day after the date of the arrest.Attorney's Obligation Upon Receipt of Notice of AppointmentUpon receipt of notification of appointment, the appointed counsel shall:make every reasonable effort to contact the accused not later than the end of the first working day after the date on which the attorney receives notice of appointment;conduct an interview with the accused, whether by phone or in person, as soon as practicable after the attorney is appointed; andrepresent the accused until charges are dismissed, the accused is acquitted, appeals are exhausted, or the attorney is relieved of his duties by the court or replaced by other counsel. “Net household income” means all income of the accused and spousal income actually available to the accused. The court may not direct or encourage the defendant to communicate with the attorney representing the state until the court advises the defendant of the right to counsel and the procedure for requesting appointed counsel and the defendant has been given a reasonable opportunity to request appointed counsel.2. “Net household income,” means all income of the defendant and spousal income actually available to the defendant. The arresting officer, or the person having custody of the defendant, shall ensure that every defendant shall be brought before a magistrate without unnecessary delay, but not later than 48 hours after the person is arrested for proceedings under Article 15.17 of the Texas Code of Criminal Procedure. An attorney assigned to a case under any method shall zealously represent a defendant until the defendant is acquitted, appeals are exhausted, or the court, after entering a finding of good cause on the record, relieves the attorney and/or replaces the attorney with other counsel.1. The defendant has an attorney already appointed on a prior pending matter. 26.05(a).B.
A qualified attorney may at any time request, in writing, a period of temporary voluntary removal from the felony appointment wheels. The date and time the defendant was arrested and the date and time when he/she was brought before the magistrate.b.
A court may use any of the alternative methods, described below to make appointments2. (1) (a) When a court orders the office to assign counsel to an applicant for public defender services, the office shall immediately assign counsel prior to a determination under this section. Such income shall include: take-home wages and salary (gross income earned minus those deductions required by law or as a condition of employment); overtime, severance pay, unemployment benefits, disability or workman’s compensation benefits; net self-employment income (gross income minus business expenses, and those deductions required by law or as a condition of operating the business); regular payments from a governmental income maintenance program, alimony, child support, public or private pensions, retirement benefits, or annuities; and income from dividends, interest, rents, royalties, capital gains, periodic receipts from estates or trusts, regular payments from Social Security, veteran’s benefits, food, rent or household expenses received in lieu of wages or as a result of any agreement to share household expenses, tax refunds or compensation for injury.