ORDER N0. X748;' RF-~PROVRL RUTHORIZINO E;iF'ENDITURE FOR NEtJ FORMS RE[?UIRED BY SENATE RILL 7 On l;his tine 1=5th day of March c~~~', ~.~pon motion made by Commissioner Baldwin, >econded by Commissioner Griffin, the C:o~,ir-t unanimously approved by a vote of 4-0-Q~, to ai_it-hor•i~e the Sheriff's Department to purchase the new forms r•ey~.tir•ed by Senate Bill 7, as presented. COMMISSIONERS' COURT AGENDA REQUEST PLEASE F"IJRNISII ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R Hierholzer MEETING DATE: March 25, 2002 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Kerr County Sheriffs Office T[ME PREFERRED:. Consider and discuss authorizing expenditure for new forms required by Senate Bill 7. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: W.R. Hierholzer ' ESTIMATED LENGTH OF PRESENTATION: 2 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter SS 1 and 552, Govemmen[ Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screencd by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards yotu request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. March 18, 2002 TO: Kerr County Judge Fred Henneke and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Expenditure for new forms Consider and discuss authorizing expenditure for new forms required by Senate Bi117. ItERR COUNTY SHERIFF'S DEPARTMENT WARNING OF RIGHTS/NOTICE OF ARRAIGNMENT/COMMITMENT STATE OF TEXAS COUNTY OF KERR '"~ Before me, the undersigned magistrate of the State of Texas on this day personally appeared in the custody otKerr County Sheriff's Department, a peace officer, and said person was given the following warning by me: ^ (1) You are charged with the offense of An Affidavit charging you with this offense *(has) *(has not) been filed in [his Court. ^ (2) You have a right to lure a lawyer and have him present prior to and during any interview and questioning by peace officers or attorneys representing the State. If you are too poor to afford a lawyer, you have the right to request [he appointment of a lawyer to be present prior to and during any such interview and questioning. You may have reasonable time and opportunity to consult your lawyer if you desire. ^ (3) You have the right to remain silent. ^ (4) You are not required to make a statement, and any statement you make can and may be used against you in Court. ^ (5) You have [he right to stop any interview or questioning at any time. ^ (6) You have the right to have an examining trial. **************************************************************************************************** Arrested person also was informed that he/she would be granted a reasonable time and opportunity to consult with counsel if desired. Being so advised, the Arrested Person ^ Advised he/she is indigent and Request Counsel ,.~ ^ Waived Counsel (at this time) ^ Advised he/she is not indigent and will hire own Counsel ^ Refused Counsel ^ Has Counsel a[ this time *************************************************************************************************k** YOU MUST APPEAR ON: AT IN THE IF YOU FAIL TO PERSONALLY APPEAR, A WARRANT MAY BE ISSUED FOR YOUR ARREST. COURT. Arrested Person's Signature SWORN TO and subscribed before me by the said day of , 20 Time: M. ISSUED this the day of *Your bail is set at $ 20 (affiant) on this the Magistrate *******************************k*****k************************************************************** COMMITMENT TO THE SHERIFF OF KERB COUNTY, GREETING: You are hereby commanded [o commit the above named defendant to the co~nement in jail for the offense of: until such time as the defendant is able to secure bail in the above stated ,,amount or is otherwise dischazged by the proper court. Magistrate KCSO IAIL O2i22io2 While Copy: Court Yellow Copy: Magistrate Pink Copy: Defendant CERTIFICATION OF MAGISTRATE INFORMING ARRESTED PERSON/DEFENDANT RIGHT TO COUNSEL THE STATE OF TEXAS COUNTY OF KERB .-. This is to certify [hat I, on the day of NAME OF ACCUSED: CAUSE NUMBER: acting as and in [he capacity of a magisbrte did, 20 at .M., in clear language understood, the Arrested inform: who appeazed before me in the Court in Kerr Comuy, Texas as follows: 1. He/she has been accused of the criminal offense of chazge is (is not) based on an affidavit. 2. He/she has the right to remain silent and is not to make any statement. Any statement made by he/she can be used as evidence against him/her in a court of law. 3. He/she has the right to hire a Imryer, or if he/she is indigent, too poor, or cannot afford to lure a lawyer he/she has the right, at his/her request, to have a lawyer appointed to represent him/her. He/she has the right to talk to a lawyer before being questioned or interviewed by any peace officer or attorney representing the state and he/she has [he right to have a lawyer present with him/her during any such questioning or interview. He/she has the right to end any such questioning or interview at any time. 4. He/she has the right to have an examining trial if he/she so desires. I, the magistrate in this case, have further in cleaz language understood by the accused person informed said accused person that He/she has the right to request appointment of counsel if he/she cannot afford counsel. 2. The procedure for requesting appointment of counsel consists only of the accused person, completing the "Affidavit of Indigence" and signing and swearing to the truthfulness of the statements contained in said Affidavit. 3. I have provided the accused at this time a copy of the "Affidavit of Indigence and Request for Appointing of Counsel" in a language which he/she can understand and I will make available, at his/her request, an individual to provide reasonable assistance in completing said Affidavit at this time. 4. I will not later than 24 horns from the time of his/her appointment of counsel forwazd your Affidavit and Request to the appropriate Judge for consideration of your Affidavit and Request. 5. If a Judge finds he/she is entitled to court appointed counsel, that Judge will appoint counsel within three (3) working days after receiving the request for court appointed counsel and will notify the appointed attorney of such assignment. 6. Said attorney will make every reasonable effort to contact him/her not later than the end of the £rst working day after appointment. 7. The law enforcement agency having custody of the accused has brought the accused before this magistrate not later than 48 hours after arrest. 8. I have informed the accused of his/her right to request appointment of counsel, if indigent, and the procedures for requesting appointment of counsel. 9. L the accused does not speak and/or understand the English language or is deaf, I have informed the accused in a manner consistent widr Texas Code Criminal Procedure Articles 38.30 and 38.31. 10. 1 have ensured that all reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided. 11. A record (written forms, electronic recordings, or other documentation as authorized) of the magistrate's advising the accused of ~^ the right to appointed counsel has been prepazed in accordance with the law and such record consists of this document signed by me as Magistrate, a copy of which was provided to the accused person. Date Time Magistrate, Kerr County Texas KCSO JAIL 02/25/02 White Copy: Court Yellow Copy: Magistrate Pink Copy: Defendant KERB COUNTY Transmittal of Request/Request for Appointment of Counsel/Appointment of Counsel NO. THE STATE OF TEXAS VS. X IN THE JUSTICE COURT X X KERB COUNTY, TEXAS forms TRANSMITTAL OF REOUEST The Arrested Person, requested appointment of counsel and was given a copy of this county's for requesting counsel The court directs that all forms shall be transmitted to court, without unnecessary delay, but not later than 24 hours after the Arrested Person's request for counsel. SIGNED and dated [Iris the day of 20 at o'clock a.m./p.m. Magistrate KERR COUNTY, TEXAS ***********************k*****k******************************************************** REQUEST FOR APPOINTMENT OF COUNSEL Arrested Person, has indicated that he/she is indigent and he/she wishes [o request appointment of counsel. Before proceeding to determine whether Defendant is indigent, the court requests that you sign the following required statement under oath: On this day of 20 I have been advised by the court of my right to representation by counsel in the trial of the chazge pending against me. I certify that I am without means to employ counsel of my own choosing and I hereby request the court [o appoint counsel for me. ISSUED [his the day of , 20 (affiant) on Arrested Person's Signature SWORN TO and subscribed before me by the said this the day of , 20 Magistrate KERR COUNTY, TEXAS ********************k****k***k**k***k**kk******kk************k*********************kkk ORDER APPOINTING COUNSEL UPON DETERMINATION BY THE COURT THAT THIS ARRESTED PERSON/DEFENDANT IS TOO POOR TO EMPLOY COUNSEL, A PRACTICING ATTORNEY OF TI-IE COURT, IS APPOINTED TO DEFEND HIM/I-IER. DATE THIS THE DAY OF , 20 JUDGE ISSUING ORDER COPY TO ATTORNEY: DATE. FILED THIS TI-IE DAY OF , 20 AT M. COUNTY CLERK/DISTRICT CLERK, KERR CO. BY kCS01wIL 02/22/02 While Copy Court Yellow Copy Magistrate Pink Copy: Defendant CAUSE NO.: THE STATE OF TEXAS * IN THE COURT ,,.~ VS * KERB COUNTY, TEXAS * Offense AFFIDAVIT OF INDIGENCE COUNTY OF KERB STATE OF TEXAS "I, the undersigned Defendant, do upon oath, make the following statements. Employed by Address of Employer: Income from this source: Spouse's income: Other income: TOTAL INCOME PER MONTH: Number of dependents (include children and spouse, if any): ~Necessarv expenses per month: (Please itemize below) L Rent 6. Health Insurance _ 2. Food 7. Clothing 3. Telephone 8. Child Support _ 4. Utilities 9. Other 5 tar Payment Total expenses per month $ List all assets: (bank accounts, savines accounts. property, vehicles, etc.I List debts owed, if any: 1. 6. 2. 7. 3. 8. Defendant's Signature Mailing Address Telephone ,Sworn before me, the undersigned authority, this day of Phone # 20 Notary or Deputy Clerk KCSO IAIL 02/22/02 White Copy: Court Yellow Copy Magistrate Pink Copy Defendant Mar 13 OZ O1:39p Chuck Gross 83025?2127 p,l Braswell Printing Company "^ 507~unction ~fighu~ay 7~errznlle, ?etas 78028 (~3UJ 257-G~i(74 fad (830J 257-2127 March ! 9, 2002 ~taney Kubisun Kcn County Shcrift"s llcpt. Dear,\ancy, Hcnc is yow price fur the following: (3) Forms 8.5" x 11" ''~'~ SUOeach All on 3 part NCR Black ink Price -each SOU - 129.00 (x 3 = 38'.ilU) (1) Furrr~ 8.5"x 11" pcy. - 2000 Black ink Price - 396.00 Total for all forms: Let me know if I should proceed with these. Thanks! Sincerely, ~Q~~~ l~rlrbie Barron $783.00