0423071.10
COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND
DOCUMENTS TO
BE REVIEWED BY THE COURT.
MADE BY: _Pat Tinley _ OFFICE: _County Judg
MEETING DATE: Apri123, 2007 TIME PREFERRED:
SUBJECT: (please be specific) Consider, discuss and take appropriate action to approve
Interlocal Agreement with Bexar County to participate in The Bexar County Regional
Public Defender's Office and authorize County Judge to sign same
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Judge Tinley
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
5:00 P.M. on the Tuesday prior to the meeting.
THIS REQUEST RECEIVED BY:
REQUEST RECEIVED ON:
C~
All Agenda Requests will be screened 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 your request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
S,tpTE Opp,
~~
Bexar County Appellate Public Defender's Office
Heritage Plaza • 410 S. Main, Suite 214 • San Antonio, TX 78204
Phone (210) 335-0701 • Fax (210) 335-0707
Honorable Judge Emil Karl Prohl
198th Judicial District Court
Kerr County Courthouse
700 Main Street, 2nd Floor
Kerrville, Texas 78028
April 13, 2007
Dear Judge Prohl,
It is my pleasure to announce that the Texas Task Force on Indigent
Defense has approved the Bexar County Appellate Public Defender's proposal to
conduct a Pilot Project as part of a feasibility study for a regional appellate public
defender's office. The Task Force will be providing funding for a period of
eighteen months to allow my office to provide appellate representation for
indigent defendants and develop a funding methodology of aself-sustaining
office to serve the 31 counties of the Fourth Court of Appeals District. In other
words, all 32 counties in the Fourth Court of Appeals District can "pool" our
resources and create a regional office. The Task Force has provided us with a
unique opportunity to try out this concept and develop a model plan.
The Fourth Court of Appeals was created in 1893 out of territory taken
from the First and Third courts of civil appeals. It has intermediate appellate
jurisdiction of both civil and criminal cases appealed from lower courts in thirty-
two counties of Texas; in civil cases where judgment rendered exceeds $100,
exclusive of costs, and other civil proceedings as provided by law; and in criminal
cases except in post -conviction writs of habeas corpus and where the death
penalty has been imposed. The Fourth Court of Appeals is comprised of seven
Justices who hear cases from thirty-two counties located in South Texas and the
Texas Hill Country. The counties served by the Fourth Court of Appeals are:
Atascosa	Gillespie	Kinney	Starr
Bandera	Guadalupe	La Salle	Sutton
Bexar	Jim Hogg	Mason	Uvalde
Brooks	Jim Wells	Maverick Val	Verde
Dimmit	Karnes	McMullen	Webb
Duval	Kendall	Medina	Wilson
Edwards	Kerr	Menard	Zapata
Frio	Kimble	Real	Zavala
The next step in the process is for the counties within the region who wish
to participate to enter into Inter Local Agreements with Bexar County to outline
the parties' respective responsibilities and roles. Your role in the project is quite
simple: if the district and county judges appoint my office on all your indigent
criminal appeals (felonies, death penalty, Class B and over) during the study
period, and, in exchange, those appeals will be handled by our appellate staff
free of cost. We ask that you take full advantage of our office's services during
this time, so that we can develop a realistic picture of the appellate needs and
distribution of appeals throughout the region. The counties will provide the trial
records for the indigent defendants and pay the cost of mailing the record to the
public defender's office. That is all that is required of the participating counties at
this time.
To help facilitate our research, we will also need to know the hourly rate
you pay attorneys appointed to appeal, for misdemeanor and felony cases as
well as direct appeals on death penalty cases and juvenile matters. Also helpful
would be your county's figures, if available, reflecting the amount the county paid
out to appointed appellate counsel for the previous three fiscal years.
County Judge Nelson Wolff held a press conference on April 12, 2007,
announcing Bexar County's role as "Host" county for this project. Bexar County's
Commissioners Court will pass a resolution on April 24, 2007, ratifying our
"~ contract with the Task Force. In anticipation of that event, we plan on accepting
appointments as of May 1, 2007, assuming the inter-local agreements are in
place. Enclosed is a packet highlighting the procedural processes to provide your
court coordinators, and you have received the inter-local agreement with this
letter. As is the usual case with any large scale project, time is of the essence.
The sooner your county has the Commissioner's Court permission to participate,
the sooner we can handle your cases!
I believe the establishment of a Regional Defender's Office will be quite
beneficial to all involved. After the study period the participating counties will
benefit by having a predictable cost associated with appeals as well as
consistent representation for defendants. Additionally, feedback we have
received from Bexar County criminal judges indicates that they appreciate not
having to scrutinize attorneys' vouchers or worry about finding a qualified
attorney to appoint on appeal. The combined experience of the attorneys in my
office amounts to 62 years of practicing law. Our most senior attorney has been a
practicing appellate lawyer for 25 years; our newest attorney has 9 years
experience. I am certified by the Texas Board of Legal Specialization in Criminal
Law, and our attorneys are licensed in Texas as well as other states, numerous
federal courts, the United States Supreme Court, and in England. We have
experience in all level of cases, from misdemeanor to death penalty as well as
juvenile cases. Thus, your judges can feel confident that the level of
representation defendants are receiving on appeal is among the highest
available in the state. The pilot project will provide data and models for the Task
Force on Indigent Defense for use in their feasibility study for the next legislative
session.
It is my sincere belief that this project has the potential for great success
and benefit to the counties involved as well as the defendants and judges. I need
your help, however, to make this happen. Please make certain the inter-local
agreement is signed, and once your county has done so, please appoint us to all
indigent criminal appeals that arise.
We stand ready to take part in this most exciting development in the South
Texas legal community. Please do not hesitate to call me, or Jim Bethke or Bryan
Wilson with the Task Force on Indigent Defense should you have any questions,
concerns, or comments. I look fonruard to working with you.
Sincerest persona rds, ,
J.
INTERLOCAL AGREEMENT
This interlocal agreement (the "Agreement") is made by and between BEXAR
COUNTY, TEXAS ("BEXAR"),apolitical subdivision of the State of Texas, acting through
the Bexaz County Public Defender office (the "PD"), and COUNTY,
TEXAS (" PARTICIPANT"),apolitical subdivision of the State of Texas (also, individually, a
"Party" or, collectively, the "Parties"). This Agreement is made pursuant to the Fair Defense
Act, Texas Code of Criminal Procedure Article 26.44(b), and Texas Government Code Chapter
791.
RECITALS
WHEREAS, each Party fmds: 1) that the subject of this Agreement is necessary for the
benefit of the public; and 2) that it has the legal authority to perform and to provide the
government function or service which is the subject matter of this Agreement; and
WHEREAS, the performance of this Agreement by BEXAR and PARTICIPANT will
be in the common interest of the Parties;
°' NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
PROGRAM
1.01 Program Purpose and Term. The Bexaz County Regional Public Defender office (the
"PD"), funded by the Task Force on Indigent Defense Technical Support Funds (the "Task
Force"), will provide court-appointed counsel on appeal to persons in the 31 counties included
in the Fourth Court of Appeals Region who have been convicted of a crime and cannot afford to
hire their own attorney (the "Program"). The Task Force will provide sufficient funds to hire
one attorney and one legal assistant for a period of eighteen months to provide representation on
appeals and develop a plan to share costs among the counties beyond the eighteen-month
period; however, the PD's obligation to perform is contingent on receipt of the funds from the
Task Force.
1.02 Jud˘es Authorized to Aaaoint PD. Both county and district courts will participate
in the Program. The Program allows the Honorable(s) Judges of the Judicial District and the
County and County Court-at-Law Judges having jurisdiction within PARTICIPANT'S
geographic boundaries (so long as the jurisdiction lies within the Fourth Court of Appeals
District) to appoint the PD for the appeals of all eligible cases. The Program covers both
adult offenders and juvenile respondents. In the event of a conflict of interest among
defendants or a legal liability for the PD to accept appointment, PARTICIPANT shall

appoint an attorney other than the PD. The PD will stop accepting new cases when the PD
determines that to do so is necessary in order to complete all cases it has accepted before the
end of the Task Force funding cycle. This will probably be about 12 months into that
funding cycle, and the PD will notify the PARTICIPANT of the date on which it will stop
accepting new cases.
1.02 (a) Duties and Responsibilities of the PD. The PD will represent appellants on direct
appeal only. All decisions pertaining to the presentation of the appeal will be the sole discretion
of the PD, including but not limited to determination as to pursue appellate remedies beyond the
intermediate court of appeal, communications with the appellant, and whether or not the appeal
has merit or is frivolous. The PD will at all times be guided by and comply with his or her
duties as a licensed attorney in the State of Texas and the Texas Disciplinary Rules of
Professional Conduct in making these determinations.
1.03 Program Analvsis. At the end of one year, the PD will prepare an analysis of the
Program with a suggested cost for PARTICIPANT'S continued participation after the Task
Force funding has been expended. The PD will provide copies of the analysis to
PARTICIPANT'S commissioners court and to the judges identified in Pazagraph 2.
PARTICIPANT shall have three months to consider the analysis and suggested cost and
determine whether it will continue to participate in the Program. If PARTICIPANT requests to
continue participating in the Program, a new interlocal agreement as to funding and the funding
cycle will be necessary.
1.04 Good Faith Effort. PARTICIPANT shall make a good faith effort to continue
expending existing funds budgeted for indigent defense through the Program on a prorated basis
for a period of at least one year beyond the Task Force funding, in order to give effect to the
Task Force's purpose and mission for providing the funds for the Program. The Task Force's
funding is provided with the goal that the program will continue the 18-month study period and
become self-sustaining through cooperative, prorated payment of the participating counties.
1.05 Data for the Analvsis. As consideration for its participation in the Program,
PARTICIPANT agrees to provide the PD information as needed to conduct the analysis,
including the current payment schedule for court-appointed counsel on appeal, and the previous
three fiscal years data on the amount PARTICIPANT paid for appointed appellate counsel, if
available.
1.06 Records and Mailing. PARTICIPANT will continue to incur the expense of the court
reporters records that must be prepared for the appeal. Additionally, PARTICIPANT will pay
--- the mailing or shipping fee to timely provide the PD with a copy of the Appellate Record. The
PD will pay the cost associated with mailing the record to PARTICIPANT once the appeal is
concluded.
1.07 No other Costs Incurred. Neither the Task Force nor the PD will assume any
additional costs associated with representation of indigent defendants or appellants. Costs of
investigators, translators, or any other collateral cost must be absorbed by PARTICIPANT.
ARTICLE II
OTHER TERMS AND CONDITIONS
2.01 Notice and Addresses. Unless otherwise specifically provided herein, all notices,
reports, and invoices required under this Agreement shall be given in person or by certified or
registered mail, addressed to the proper Party, at the following address:
If to BEXAR:
Honorable Nelson W. Wolff
County Judge
Bexar County
100 Dolorosa
San Antonio, Texas 78205-3028
And:
Angela J. Moore
Chief, Bexar County Appellate Public Defender
410 S. Main, Ste. 214
San Antonio, Texas ?8204
If to PARTICIPANT
2.02 No Partnershiu. Nothing contained in this Agreement is intended to create a partnership
or joint venture between the Parties and any implication to the contrary is hereby expressly
disavowed. This Agreement does not create a joint enterprise, nor does it appoint any Party as
an agent of the other Party, for any purpose whatsoever.
2.03 Waiver. The failure of any Parry to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that
-- Party's right to insist upon appropriate performance or to assert any such right on any future
occasion.
2.04 Venue. If any action, whether real or asserted, at law or inequity, arises on the basis of
any provision of this Agreement, venue for that action shall lie in state courts located in Bexar
County, Texas. This Agreement shall be construed in accordance with the laws of the State of
Texas.
2.05 Benefit of the Parties. The terms and conditions of this Agreement are solely for the
benefit of the Parties and are not intended to create any rights, contractual or otherwise, for any
other person or entity.
2.06 Force Maieure. If the performance of any obligation under this Agreement is delayed
by something reasonably beyond the control of the Party obligated to perform ("Force
Maj eure"), that Party shall be excused from performing the obligation during that period, so that
the time period applicable to the performance shall be extended for a period of time equal to the
period that Party was delayed due to the event of Force Majeure.
2.07 Severability. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement
.~ shall be construed as if the invalid, illegal, or unenforceable provision had never been contained
herein.
2.08 Prior Aereements Sunerceded. This Agreement constitutes the only agreement of the
Parties and supersedes any prior understandings or written or oral agreements between the
Parties respecting the within subject matter.
2.09 Amendments. In order to be binding, an amendment to this Agreement must be in
writing, dated subsequent to the date of this Agreement, and executed by the Parties.
SIGNED AND EXECUTED this day of
COUNTY OF BEXAR
By:
Honorable Nelson W. Wolff
County Judge
ATTEST
BY:
COUNTY OF
2007.
Honorable
County Judge
Gerry C. Rickhoff
County Clerk

APPROVED AS TO LEGAL FORM:
Susan Reed
Criminal District Attorney
Bexar County, Texas
BY:
Kelsey Menzel
Assistant District Attorney
-Civil Section
APPROVED AS TO FINANCIAL CONTENT:
BY:
BY:
Tommy Tompkins
County Auditor
David Smith
County Budget Officer
APPROVED:
BY:
Keith Charlton
Executive Director, Criminal Justice
Planning and Coordination