KERR COUNTY PLAN AND STANDING RULES AND ORDERS FOR PROCEDURES FOR TIMELY AND FAIR APPOINTMENT OF COUNSEL FOR INDIGENT ACCUSED PERSONS IN KERR COUNTY, TEXAS Effective Date -January 1, 2002 Be it remembered that on this date the below signed County Court at Law Judge and District Court judges of Kerr County, Texas, (hereafter referred to as the Kerr County Judges) hereby adopts, orders, establishes and orders published these countywide procedures, rules and orders for the timely and fair appointment of counsel for indigent accused persons in Kerr County, Texas. This document is the Kerr County Plan to conform with the requirements of S.B 7 passed by the Texas Legislature and signed into law in 2001 I. SHERIFF'S RESPONSIBILITY The Sheriff of Kerr County shall ensure that within 48 hours after arrest, every arrestee shall be brought before a magistrate for a magistrate to set bail and inform the accused person of their rights including right to court appointed counsel if indigent. II. MAGISTRATE RESPONSIBILITIES The Justices of the Peace of Ken County, Texas shall establish a plan and rotate holding magistrate's hearings each day by 5:00 p.m. At the Magistrate hearing the responsible judge shall comply with Senate Bill 7 by• 1. admonishing the accused of the magistrate and Miranda warnings as provided by law; 2. notification of indigent representation rights; 3 making of record of the magistrate warnings and right to court appointed counsel for indigent accused persons; 4. notification of right to counsel and right to court appointed counsel if indigent; 5. inquiry as to whether the defendant is requesting court appointed counsel; 6. provide defendant with an Affidavit of Indigence and reasonable assistance in completing said forms; and 7. immediate referral of applications for appointed counsel to the appropriate designated Judge for appointment of counsel as provided by the Local Rules of Kerr County. III. PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDLGENCE STATUS At the Magistrate's Hearing, each defendant shall be provided an opportunity to request court appointed counsel, if indigent. Each requesting defendant shalt complete and file a sworn Affidavit of Indigent Status, in a form approved by the Kerr County Judges. The Ntagistrate will ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided. If the defendant does not speak and/or understand the English language or is deaf, the magistrate shall inform the person in a manner consistent with Texas Code of Criminal Procedure Articles 33,30 and 33 31. The Magistrate shall immediately transmit the Affidavit of Indigence, and Defendant's Request for Court Appointed Counsel to a County Court at Law Judge in misdemeanor cases and to a District Judge in felony cases. The Judge making court appointments for counsel for indigents shall review the Affidavit of Indigence and such other information bearing on the financial status of the defendant and make a determination of indigence status and appoint counsel where required by law within 3 working days after receiving the request for court appointed counsel. The Judge making court appointments for counsel for indigents shall consider the following standards for determining indigence and such other reasonable factors as the court finds to have a bearing on the financial inability of a defendant to retain counsel: 1. Defendant's income from any and all sources; 2. Sources of the defendant's income; 3. Assets of the defendant; 4. Property owned by the defendant, or in which the defendant has an interest; 5. Outstanding obligations of the defendant; 6. Necessary expenses of the defendant; 7. The number and age of the defendant's legal dependents; 8. Spousal income available to the defendant; and 9. Such other reasonable factors as determined by the Judge. The Judge shall not consider whether the defendant has posted bail, except to the extent that it reflects on the defendant's financial circumstances. [V. LIST OF ELIGIBLE KERR COUNTY ATTORNEYS FOR SERVICE AS COURT APPOINTED COUNSEL FOR INDIGENT ACCUSED PERSONS The Kerr County Judges shall prepare and distribute to all licensed attorneys residing in or officing in Kerr County, Texas (hereinafter referred to as "Kerr County Attorneys"), an "Affidavit of Licensed Attorney Residing or Officing in Kerr County, Texas" on or before December 1, 2001. IT IS ORDERED that each attorney receiving said mailing shall return said Affidavit to Becky Henderson, Administrative Assistant for the 198`h & 216'h District Courts, Kerr County Courthouse, 700 Main Street, Kerrville, Texas, 78028, on or before December 24, 2001. The Judges shall on or before December 31, 2001, meet, approve, and post outside the Kerr County District Clerk's office such lists, as set out below, of the names of Kerr County attorneys approved to represent indigent accused persons in the Kerr County Courts. The list shall consist of the names of all licensed "Kerr County attorneys", except: Those attorneys who have filed an Affidavit, on the form approved by the Kerr County Judges, swearing that they are incompetent to handle any criminal cases or do not accept employment on any criminal cases; 2. Those attorneys who have retired from or no longer engage in the practice of law; Those attorneys who are employed with a governmental entity and whose employment is a disqualification from their being appointed to represent defendants in the county or state criminal proceedings; and 4. Those attorneys who the Kerr County Judges have found to not be qualified to represent defendants in criminal cases before the Courts of Kerr County, Texas. V. COURT APPOINTED COUNSEL FOR INDIGENT ACCUSER PERSONS JUVENILE COURT CASES The Kerr County Juvenile Board shall establish the procedures, standards, guidelines, rules, and orders for the appointment of counsel to represent indigent juveniles in juvenile court cases as provided by law. VI. MISDEMEANOR APPOINTivIENT PROCEDURES AND RULES The County Court at Law Judge, upon any finding of indigence and request for court appointed counsel, shall sign an Order Appointing Counsel and deliver same to the attorney The staffof the County Court at Law Judge, or the County Clerk, shall immediately contact the attorney by phone, fax, or in person and notify said attorney of the appointment and the last known location of the defendant. VII. NON-CAPITAL FELONY APPOINTMENT PROCEDURES AND RULES The District Court Judge, upon any finding of indigence and request for court appointed counsel, shall sign an Order Appointing Counsel and deliver same to the attorney. The staffof the District Court Judge, or the District Clerk, shall immediately contact the attorney by phone, fax, or in person and notify said attorney of the appointment and the last known location of the defendant. VIII. CAPITAL FELONY APPOINTMENT PROCEDURES AND RULES The District Court Judge, upon any finding of indigence and request for court appointed counsel, shall sign an Order Appointing Counsel from the approved counsel for capital trials list in accordance with Art. 26.052 of the Code of Criminal Procedures, and deliver same to the attorney. The staff of the District Court Judge shall immediately contact the attorney by phone, fax, or in person and notify said attorney of the appointment and the last known location of the defendant. LY. ALTERNATIVE APPOINTMENT PROGRAM Due to the rural nature of Kerr County, the limited number of attorneys available for indigent appointments, and the necessity for appointing attorneys from other counties, an Alternative Appointment Program is adopted as allowed by SB 7. 2. All coutts in the County shall maintain a list of Kerr County attorneys who regularly practice criminal law in Kerr County 4 The appointment list shall be comprised of attorneys who have completed the questionnaire affidavit provided by Kerr County and have specifically requested to be placed on the appointment fist. 4. The court shall appoint an attorney for an indigent Defendant from the Kerr County list based on the location of the hearing, the availability of the attorney, and the complexity of the case. However, due to the rural nature of Kerr County, the Judge may appoint an attorney who is on another County's approved, indigent defense council list if a. The attorney regularly practices in Kerr County and the Court is familiar with the skill and reputation of the attorney; and b. the nature of the case requires an attorney who is not on the Kerr County list; or c. It is in the best interest of the Defendant that an attorney other than a Kerr County attorney be appointed. Appointments will be made reasonably and impartially among qualified attorneys who come closest to meeting the qualifications for a particular case. X. COMPENSATION OF COURT APPOINTED COUNSEL Court appointed counsel shall receive such reasonable compensation as established by Standing Order of the Judges for Kerr County, Texas. The fee schedule adopted by formal action of the Judges for Kerr County, Texas shall comply with the Texas Code of Criminal Procedure Article 26.05 and all applicable law and shall be submitted to and approved by the Kerr County Commissioner's Court. XI. APPOINTMENT OF INVESTIGATORS AND EXPERTS FOR INDIGENT DEFENSE Appointment and reimbursement for reasonable and necessary investigation, mental health and other experts shall be as provided by law and only upon written motion and prior approval of the trial judge for such appointment and anticipated reimbursement. XII. RESPONSIBILITY OF COURT APPOINTED COUNSEL Court appointed counsel shall make every reasonable effort to contact the defendant not later that the end of the first working day after appointment and to interview the defendant as soon as practicable Court appointed Counsel shall comply with all laws, rules, procedures, and ethical provisions for providing reasonable assistance of counsel to their client. Court appointed counsel shall maintain a high standard of ethical conduct and always be completely candid with the trial court. Court appointed counsel shall timely inform their client of matters relating to the preparation, trial, and disposition of the case; appellate and writ rights, deadlines, and procedures for proper processing, and such other matters as necessary to provide reasonable assistance of counsel. Court appointed counsel shall 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 andlor replaces the attorney with other counsel. Court appointed counsel shall meet the following standards, said attorney shall: 1. Be a member in good standing with the State Bar of Texas; Z. Professionally perform duties and responsibilities of a licensed attorney for the State of Texas; Complete annually such Continuing Legal Education programs as required by the Texas Judicial Council and local rules of Kerr County for attorneys representing indigent accused persons, which shall include at least 8 hours of Continuing Legal Education in handling criminal cases; A court may replace an attorney if the appointed attorney does not make an effort to contact the defendant by the end of the first working day or does not interview the defendant as soon as possible, or may sanction said attorney for violation of those provisions. A majority of the Judges trying criminal cases in the county may remove an attorney from consideration for appointments, if the attorney intentionally or repeatedly does not fulfill the duties required by law, rules, local rules, or provisions for providing reasonable assistance of counsel or complying with the requirements for inclusion on the approved list for counsel for indigent accused persons. XIII. ANNUAL REVIEW OF ELIGIBLE LIST OF COURT APPOINTED COUNSEL The Kerr County Judges shall annually review and reform the list of eligible court appointed counsel and cause same to be posted outside the Kerr County Clerk's office and made available to the public upon request. XIV. LOCAL ADMINISTRATIVE JUDGE'S REPORTING COMPLIANCE The above Standing Order was adopted by unanimous vote of the below signed Judges and is effective beginning January 1, 2002. Signed and ORDERED this the day of , 2001. HONORABLE STEPHEN B. ABLES 216ih Judicial District Court HONORABLE EMIL KARL PROHL 198`" Judicial District Court HONORABLE SPENCER BROWN Kerr County Court at Law X V. REGIONAL PRESIDING JUDGE APPROVAL This Order was received on the day of , 20_ by the Office of the Presiding Judge of the 6'h Administrative Judicial Region of Texas. The Plan is hereby approved. STEPHEN B. ABLES Presiding Judge 6th Administrative Judicial Region of Texas 7 ALL STATE OF TEXAS LICENSED ATTORNEYS RESIDING OR OFFICING IN KERR COUNTY ARE ORDERED TO FULLY COi4(PLETE THIS AFFIDAVIT AND RETURN SAME TO BECKY HENDERSON, ADMINISTRATIVE ASSISTANT FOR THE 198r" & 216T" DISTRICT COURTS, KERR COUNTY COURTHOUSE, 700 MAIN STREET, KERRVILLE, TEXAS, 78028, ON OR BEFORE DECEMBER 21, 2001. AFFIDAVIT OF LICENSED ATTORNEY RESIDING OR PRACTICING LA~V IN KERR COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF KERR (Print name of attorney completing Affidavit) State Bar of Texas Number , do hereby file this affidavit in compliance with the Kerr County Plan and Standing Rules and Orders For Procedures for Timely and Fair Appointment of Counsel for Indigent Accused Persons in Kerr County, Texas for establishment of a list of eligible licensed attorneys to represent indigent accused persons in Kerr County, Texas and do solemnly swear or affirm that the below information is true and- correct. Should any change in this information occur, I understand that I must within 30 days of such change file an Amended Affidavit of Licensed Attorney Residing or Practicing Law in Kerr County District Courts at the Kerr County Courthouse in Kerrville, Texas who shall timely notify the local Administrative Judge of the Kerr County Courts of such filing. I have checked below all applicable provisions and have completed the requested information below with full, complete, and true answers. I. INCLUSION/EXCLUSION FROM THE APPOINTMENT LIST ( ) I am requesting that my name NOT BE INCLUDED on the list of licensed attorneys eligible for court appointment in Kerr County, Texas for the following reasons: (check all that apply) ( ) I am requesting that my name NOT BE INCLUDED on the list of licensed attorneys eligible for court appointments for JUVENILE CASES in Kerr County, Texas for the following reasons: (check all that apply) ( ) I state, under oath, that I am not qualified to provide effective assistance of counsel in any criminal cases and will not accept employment to represent a defendant in any criminal case in Kerr County, Texas. ( ) I state, under oath, that due to my employment with a governmental entity [ am disqualified from representing indigent accused persons in County or State Courts in Kerr County, Texas. ( ) I state, under oath, that l am retired or am not currently in the active practice of law ( ) I state, under oath, that the following is a good cause reason for my name not to be included on the list of licensed attorneys eligible for court appointment in Kerr County, Texas: (Attach additional sheets to this affidavit as needed for further explanation) ( ) I understand that my name WILL BE CONSIDERED FOR INCLUSION on the list of licensed attorneys eligible for court appointments in Kerr County, Texas, and I state, under oath or affirmation that I am a. (check all that apply) ( ) Competent licensed attorney to handle MISDEMEANOR criminal cases. ( ) Competent licensed attorney to handle APPEALS of MISDEMEANOR criminal cases. ( ) Competent licensed attorney to handle STATE JAIL FELONY criminal cases. ( ) Competent licensed attorney to handle THIRD DEGREE FELONY criminal cases. ( ) Competent licensed attorney to handle SECOND DEGREE FELONY criminal cases. ( ) Competent licensed attorney to handle FIRST DEGREE FELONY criminal cases. ( ) Competent licensed attorney to handle CAPITAL FELONY criminal cases. ( ) Competent licensed attorney to handle APPEALS ofNON-CAPITAL FELONY cases. ( ) Competent licensed attorney to handle APPEALS of CAPITAL FELONY cases. ( ) Competent licensed attorney to handle JUVENILE cases. 9 ( ) Competent licensed attorney to handle APPEALS of JUVENILE cases. Q. EDUCATIONAL AND C.L.E. BACKGROUND I certify that I have the following educational and Continuing Lega( Educational background. (Check all that apply) BASIC EDUCATION ( ) High School Diploma ( ) Bachelor's Degree ( ) Law Degree ( ) Master's Degree ( ) Doctor of Philosophy Degree ( ) Medical Doctor Degree ( ) Other Advanced Degree LICENSED TO PRACTICE LAW: ( ) Licensed to Practice Law in Texas by the Texas Supreme Court on: Month Year ( ) I am currently a licensed attorney in good standing with the State of Texas and the Texas Supreme Court. ( ) I am also a licensed attorney in good standing to practice law in the State of ( ) I have been admitted to practice law in the U.S. Federal District Courts for the Western District of Texas. ( ) I have been admitted to practice law in the U.S. Federal District Courts for the District of the State of ( ) I have been admitted to practice law before the U.S. Fifth Circuit Court of Appeals. 10 ( ) [have been admitted to practice law before the U S Circuit Court of Appeals. ( ) I have been admitted to practice law before the United States Supreme Court. ~ ) I have been certified as a specialist by the Board of Legal Specialization of the State Bar of Texas in the following areas of law CONTINUING LEGAL EDUCATION ( ) I have attended the required number of hours for continuing legal education during the fast reporting period as reported to the State Bar of Texas. ( ) I have attended the Advanced Criminal Law Seminar sponsored by the State Bar of Texas for the following years: ( ) I have attended C.L.E. programs dealing with criminal law issues during the following years: ( ) I have attended C.L.E. programs dealing with juvenile law issues during the following years: ( ) I have attended C.L.E. programs dealing only with non-criminal law areas and certify that I have not attended a C.L.E. program dealing with criminal law. ( ) I have attended C.L.E. programs dealing with the use of and challenges to mental health or forensic expert witnessed. The most recent course attended was on the following date. ( ) I have attended C.L.E. programs or training relating to criminal defense in death penalty cases. The most recent course attended was on the following date: ( ) I have attended C.L.E. programs relating to investigation and presenting mitigating evidence at the penalty phase of death penalty trials. The most recent course attended was on the following date ( ) I have attended C.L.E. programs relating to appeals of criminal cases. The most recent course attended was on the following date. ( ) I have attended C.L.E. programs relating to appeals ofjuvenile cases. The most recent course attended was on the following date: ( ) I am currently planning to attend the following C L.E. courses in the next year' OTHER EDUCATION, BACKGROUND, RESEARCH OR TRAINING IN CRIMINALINVENILE LAW AREA: (Please briefly describe) (Attach a separate sheet if necessary for additional information) III. CRIMINAL AND JUVENILE TRIAL/APPEALS EXPERIENCE I hereby certify, under oath, that the following is my experience in handling criminaUjuvenile rases: (check all that apply) ( ) I have been lead counsel in three (3) or more misdemeanor cases. ( ) I have been lead counsel in one or more misdemeanor appeals. ( ) I have been lead counsel in three or more juvenile delinquent conduct cases in which indeterminate commitment to TYC is possible. ( ) I have been lead counsel in three or more juvenile delinquent conduct cases where TYC was not possible. ( ) I have been lead counsel in three or more juvenile delinquent conduct cases in which determinate sentence proceedings have been initiated by obtaining grand jury approval or a petition alleging a covered offense. ( ) I have been lead counsel in three or more juvenile delinquent conduct cases in which proceedings for discretionary transfer to criminal court have been initiated by the filing of a certification petition or motion. 12 ( ) I have been lead counsel in one or more juvenile appeals. ( ) I have been lead counsel in three (3) or more non-capital felony cases. ( ) I have been co-counsel or set second chair m three (3) or more non-capital felony cases. ( ) I have been lead counsel in one or more non-capital felony appeals. ( ) I have been lead counsel in one or more capital felony cases -death penalty waived. ( ) I have been lead counsel in one or more capital felony cases -death penalty sought. ( ) I have been co-counsel or sat second chair in one or more capital felony cases - death penalty waived. ( ) I have been co-counsel or sat second chair in one or more capital felony cases - death penalty sought. ( ) I have been lead counsel in one or more capital felony appeals -life sentence assessed. ( ) I have been lead counsel in one or more capital felony appeals- death penalty assessed. ( ) I have served as lead counsel in one or more capital felony 11.071 writ appeals. ( ) I have tried approximately misdemeanor cases to NRY verdict. ( ) I have tried approximately ( ) I have tried approximately verdict. juvenile cases to NRY verdict. non-capital felony cased to NRY ( ) I have tried approximately NRY verdict. ( ) I have filed approximately ( ) I have filed approximately ( ) I have filed approximately cases. capital (death sought) felony cases to appellate briefs in misdemeanor cases. appellate briefs in juvenile cases. appellate briefs in non-capital felony 13 ( ) I have filed approximately cases. ( ) I have filed approximately ( ) APPROXIMATELY DEVOTED TO CRIMINAL LAW. ( ) APPROXLb1ATELY DEVOTED TO JUVENILE LAW IV. appellate briefs in capital death penalty 1 1.071 death penalty writ applications. OF N1Y LAW PRACTICE IS OF MY LAW PRACTICE IS LANGUAGE AND COMMUNICATION SKILLS t certify, under oath, that I am capable of communicating in the following languages: ( ) English ( ) Spanish ( ) Deaf- Sign Language ( ) Other: (Specify) V. ETHICS AND PRIOR SANCTION HISTORY DISCLOSURE I certify, under oath, that I: (check only those that are true and correct) ( ) Have not been sanctioned by the State Bar of Texas for any ethical violation. For purposes of this inquiry, "Sanctioned" is defined as disbarment, probation, public reprimand, suspended, fined, or such other State Bar of Texas sanction that is of public record. ( ) Have not been found by a trial judge and/or appellate court to have provided ineffective assistance of counsel. 14 ( ) Will comply with the State Bar Rules for Professional conduct. ( ) Will comply with the Texas Lawyer screed - A mandate for Professionalism. ( ) Will obtain copies and keep myself informed of the local rules of procedure for Kerr County, Texas. VI. CERTIFICATION OF KNOWLEDGE OF STANDING RULES FOR PROCEDURES FOR TIMELY AND FAIR APPOINTMENT OF COUNSEL FOR INDIGENT ACCUSED PERSONS IN KERR COUNTY, TEKAS I certify, under oath, that I have received, read, and understand the Kerr County Plan and Standing Rules and Orders for Procedures for Timely and Fair Appointment of Counsel for Indigent Accused Persons in Kerr County, Texas dated , 2001 and effective January 1, 2002 and will comply with said plan, rules, and orders. I acknowledge that I shall attempt to contact any accused person I am appointed to represent by the end of the first working day following notification of my appointment. I acknowledge that I shall interview said accused person as soon as practicable. I certify, under oath, that I will zealously represent my client but always within the bounds of the law and legal ethics of Texas. I understand that I must timely submit my bill for: 1. Indigent legal representation on the date a case is disposed of by a plea or bench trial; or 2. Indigent legal representation within 15 days of the date ofjudgment in ajury trial; or 3. Indigent appeal representation within 15 days of the date a mandate is returned on appeal. I understand that I have a continuing duty to file an Amended Affidavit within 30 days of the date any of the above information changes. I hereby, have been sworn upon oath, depose, state, and certify that the above information is true and correct. IS Witness my ssgnature on this the day of , 2001 AFFIANT Print Name' Subscribed and Sworn to before me this the day of 2001. NOTARY PUBLIC/PERSON AUTHORIZED TO ADiv1INISTER OATHS Print Name: Capacity: Seal 16 STANDING ORDER FOR COMPENSATION OF r~TTORNEYS APPOINTED TO REPRESENT INDIGENT DEFENDANTS On the day of , 2001 the below named County Court at Law and District Court Judges with criminal and/orjuvenilejurisdiction, after a duly called and conducted meeting and discussion, did unanimously adopt this schedule of fees concerning compensation of court-appointed counsel for indigent defendants and related expenses made pursuant to Article 26.05, Texas Rules of Civil Procedure therefore, it is ORDERED that compensation of court- appointed counsel and related expenses, made pursuant to a motion in the format prescribed by the appointing court, shall be as follows on a case-by-case basis as determined by the Judge: L JUVENILE, NON-FELONY AND FELONY CASES A. Compensation for time spent by counsel out of court shall be not less than FORTY DOLLARS AND NO CENTS ($40.00) per hour nor more than NINETY DOLLARS AND NO CENTS ($90.00) per hour. B Compensation for time spent in court shall not be less than FIFTY DOLLARS AND NO CENTS ($50.00) per hour nor more than NINETY DOLLARS AND NO CENTS ($90.00) per hour. II. CAPITAL CASE COMPENSATION In all capital cases the rates for the attorney's services shall be no less than $70.00 per hour and no more than $100.00 per hour. III. REIMBURSEMENT FOR REASONABLE EXPENSES FOR PURPOSES OF INVESTIGATION AND EXPERT TESTIMONY A. In all criminal cases appointed counsel will be reimbursed for reasonable expenses that are incurred provided prior court approval has been granted upon motion, application and a hearing held on said motion. Reasonable expenses upon prior court approval after motion and application, may include expenses incurred for investigation and expert testimony, and will be in addition to the total compensation referred to in Section I of this Order. IV. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES Each attorney shall prepare a detailed statement of the nature of the services performed, the date of such performance, and the actual time spent on each such date and service, and shall submit said statement with a verified affidavit to the trial judge: A. on the date of disposition of a case by a plea or bench trial; or B. within 15 days of the date of verdict in a jury trial, or 17 C. within (5 days of the date the mandate being returned in an appeal, or D at such other intervals as ordered by the Court. If the trial judge disapproves the requested amount the Judge shall make written findin,s stating the amount of payment approved and the reason for approving an amount different From the requested amount. The attorney whose request for payment has been disapproved may, by written motion, file an appeal with the Presiding Judge of the Administrative Region. THIS ORDER [S SIGNED AND EFFECTIVE ON THIS THE DAY OF 2001 AND SAID ORDER SUPERCEDES ANY AND ALL PRIOR COURT STArND[NG ORDERS FOR ATTORNEY'S FEES AND OTHER EXPENSE COMPENSATION HONORABLE STEPHEN B. ABLES 216`h Judicial District Court HONORABLE FRED HENNEKE Kerr County Judge HONORABLE EMIL KARL PROHL 198'h Judicial District Court 18 ~ACtorn~~ ~cc ~'t)ucher I )IIrIAJ II J~RI Dutnci t. ,nnvv - ~~ f. utlny l'nult .11 L.Iw ~ I OIIII ~. ; 1 .111] ill lllrl'I rnfln;C - ~ rrllll lrln,f. ~- lll,d-lur'. r'r.al.l ~nlr - Plca-spun I'Ira-fl,lnpln _._ Other ~ In :he case ~.n' $rdlC of Ta.eas v h LaSI LC ~'ti FCUnv iVI 15dCtill'aOUf r )UVCnIC ~ Appeal Gap ltll Cas[ Ravoca[ion - Fcionv i Revocat ion-~I isdemeanor ~ ;~u CIL: ,es tiled Other :\˘omey (F.111 Nanm) 7 rUlornry iddress Ilncludc Law Firm IU. Tdcphonc Numc lf.\pplicablc) ~ Sa. Stale i3ar Numbs Sb. Tux ID Number I I Fas I'. Flat Fee - Court :\ t tainted Services ~ 1'u. total Fiat Fe. ~ S I ~ in Court Services Hours Dates 13a. Total !n Court Comocnsation i Rate per Flour = Total Hours 5 11 Out o(Court Services Hours Dares Ida. Total Out of Court Compcnsanon S Rate per Hour- Total hours I i Inves[i~ator Amount Ua. Total Investigator Expenses S 16. Ex ert Witness Amount 16a. Total Expert Wimess E.xpcnses S 17 Other Litigation Expenses ~ Amount Va. Total Other Liugauon Expenses S IS. "Time Period of Service Rendered: From m Date Date 19 Additional Cnmmen is ~0. Total Compcnsanon and Expenses Claimed 5 -~ .~~ ~. wuuulwn - i, uic unu crsgn en urromey. cernty toot the abaue mtormanon is True and correct and in accordance with the laws of the State o(Tesas. The compensation and expenses claimed were rcasonuble and necessary to provide c((eaive assistance of counsel. I-~- Final Payment ~~ Partial Payment !? SIGNA (URE OF P[tESIDING JUDGE. ?casun(s) Date ur vananun. dnpa'J Ili^ 1-m - 1'aok force nn Indigent ftclrn.e Pages 19-22 Date Paid by County: JUDGE PRESIDING SETTING BAIL AND INFORMING DEFENDANT OF RIGHT TO COUNSEL WARNING BY MAGISTRATE THE STATE OF TEXAS COUNTY OF KERR This is to cettify that I, acting as and in the capacity of a magistrate did, on the day of 20 _ at M., did in clear language inform: NPu~ OF ACCUSED CASE NUMBER. who appeared before me in the Court in Kerr County, Texas as follows: I. You are accused of the criminal offense of which charge is (is not) based on an affidavit. You have the right to remain silent and are not to make any statement. Any statement made by you can be used as evidence against you in a court of law, 3. You have the right to hire a lawyer, or if you are indigent, too poor, or cannot afford to hire a lawyer you have the right, at your request, to have a lawyer appointed to represent you. You have the right to talk to a lawyer before being questioned or interviewed by any peace officer or attorney representing the state and you have the right to have a lawyer present with you during any such questioning or interview. You have the right to end any such questioning or interview at any time. You have a right to have an examining trial if you so desire. I, the magistrate in this case, have further in clear language understood by the accused person informed said accused person that: You have the right to request appointment of counsel if you cannot afford counsel. 2. The procedure for requesting appointment of counsel consists only of you, the accused person, completing the "Affidavit of Indigence" and signing and swearing to the truthfulness of the statements contained in said Afftdavit. I am providing you at [his time a copy of the "Affidavit of Indigence and Request 23 for Appointing of Counsel" in a language which you can understand and I will make available, at your request, an individual to provide reasonable assistance in completing said Affidavit at this time. 4 If you request court appointed counsel, I will not later than 24 hours from the time of your request for appointment of counsel forward your Affidavit and Request to the appropriate Judge for consideration of your Affidavit and Request. 5. If a Judge finds you are entitled to court appointed counsel, that Judge will appoint counsel within three (3) working days after receiving your request for court appointed counsel and will notify your appointed attorney of such assignment. 6. Said attorney will make every reasonable effort to contact you not later than the end of the first working day after appointment and to interview you as soon as practicable I, the magistrate in this case, hereby certify that: The (aw enforcement agency having custody of the accused has brought the accused before this magistrate not later than 48 hours aRer arrest. 2. I have informed the accused of his right to request appointment of counsel, if indigent, and the procedures for requesting appointment of counsel. If the accused does not speak andJor understand the English language or is deaf, have informed the accused in a manner consistent with Texas Code Criminal Procedure Articles 38.30 and 38.31. 4. I have ensured that all reasonable assistance in completing the necessary forms for requesting appointment of counsel in provided. 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 prepared 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. I, the magistrate in this case, do certify that I am the duly elected or appointed of Kerr County, Texas and that I have reviewed the accused's Affidavit of Indigence and Request for CounseUDeclaration ofNon-Indigence Status, which is attached hereto, and I hereby further certify that: 24 ( ) The accused has announced he/she intends to waive his/her right to counsel and to proceed representing himself/herself in any proceedings in this case. ( ) The accused has announced he/she is not indigent and intends to hire an attorney to represent him/her in any proceedings in this case. ( ) The accused is being held on a misdemeanor accusation and has claimed he/she is indigent and has requested court appointed counsel. This request is referred to the Judge of the County Court of Law for Kerr County, Texas for determination of indigence and, if appropriate, appointment of counsel in accordance with the alternative plan approved in accordance with law. ( ) The accused is being held on a felony accusation and has claimed he/she is indigent and has requested court appointed counsel. This request is referred to the appropriate District Court Judge for Kerr County, Texas for determination of indigence and, if appropriate, appointment of counsel in accordance with the plan approved by the District Court Judges of Kerr County, Texas in accordance with law Magistrate, Kerr County, Texas Date Time 25