ORDER NO. 30265
INTERLOCAL AGREEMENT WITH BEXAR COUNTY REGIONAL PUBLIC
DEFENDER'S OFFICE
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Interlocal Agreement with Bexar County, as modified by the Kerr
County Attorney to include the language with regard to costs of investigators,
translators, or any other collateral costs which must be absorbed by the participant,
"subject to approval of the Assigning Judge", to participate in the Bexar County
Regional Public Defender's Office, and authorize County Judge to sign same.
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COMMISSIONERS' COURT AGENDA REQUEST
MADE BY: _Pat Tinley
OFFICE: _County
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND
DOCUMENTS TO
BE REVIEWED BY THE COURT.
MEETING DATE: May 14, 2007 TIME PREFERRED
Jud
SUBJECT: (please be specific) Consider, discuss and take appropriate action to approve
Interlocal Agreement with Bexar County, as modified by the Kerr County Attorney, 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:
.~Da 65
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: ~~
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.
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IIVTERLOCAL A~~t.E]F;MENT
This interlccttl agreement (the "`Agreement'°) is made by and -between ~IEXAR
~~UN~'Y, T`C~AS {"BEXA.R'°), a political subdivision of the State of Texas, acting through
the Bexar County Public I7-efender office (the "PD"), and ~~R2 C~uP~ITY,
TEXAS (" PARTICIPANT"), ~ political subdivision of the State of Texas {also, individually, a
"party" or, ct~llectively, the "Parties"). This Agreement is -made pursuant to the Fair I~cfense
Act, Texas t;ode of Crimmnal Procedure Article 26.44(b), end Texas Government Code Chapter
791.
RIECITALS
~V7~3E~1FtEAS, each Party finds: Y) that the subject ofthis Agreexnent is necessary for the
bane .fit of the public; and ~) that it has the legal authority to perfor:tn and to provide the
government function or service which is fire subject matter of this Ageement; and
'1Y1E37E.~.S, the pcr#'arAnance of ~>s ,Agreement by I3FXAR and PARTICIPA~1'T will
be irY the comman interest of the Parties;
1"Va~f`~'', TIE~EIt,EFC?RIE, the I.'at~ies agree as i'ollows.
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l .0 L Pro tarn Purp~nse end Term. The Bexar County Regional Public I~efender+~ffics +(trae
"pD"), funded by the Task Farce on Indigent I3eferase "l'echnical Support Funds (the "Task
l~ once"},will provide cc~rsr#~-appointed counsel on appeal to persons in. the ~ l cc>unti~ included
in the .Fourth Cawt cif ,Appeals Region who ha~+e been ccmvicted of a crime grad c~anot a1~"~cl ~
hi,~e their +~wn aittarney (flee "Pr4grarn"). The Ta~tlC Force will provide sufficient funr9s to hire
one attrn7ney. and one legal assia~tant for a perirrd ofeighteen months tca provide representatiota ore
appeals and develop a plan to share casts among the counties beyond the eighteen-month
period; hoNC+±ever, the PD's oblige#ian ter perfos~n is ~o~~gent on receipt of tine finds t'rc~,m flee
Task l+'orce.
l .(l2 ,I,r~e~g~s .Autiao~ria+cd to A„~peint IND. l<3oth cpunty and district ct-uris will participate
in fihe P'rograan_ The Program allcavs tree I~Ionaarable(st 3udges of the Judicial District and the
Cauraty ~crad County Court-a#~I.aw Judges having. jut`%sdictican widtin PAR'TICIPANT'S
geographic bo-a.r-daries Aso long as the jurisdlc#ion lies wzth~ t+he F'ourkh Couar~: of Appeals
T)istY'i~t) t® appoint the PD for tr;e appeals of all eligible uses. The Prcagranr~ covers b~r~h
adult offenders arad juvenile Y~spondents. In the evesat of a confli~:t oI' Merest among
defendatzzts car a legal liability for- tlae PD. to accept aplw~taraea~tt, P~,I~TICII'AP~iT' shall
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appoint an attorney other than the P.i7. The PD will stop accepting new cases when the P.i3
detentnittes that to do so is necessary in order to complete ail cases it has accepted before the
rid of the Task Farce funding cycle. 'This will probably be about 12 months into that
funding cycle, and the PD will notify the PAR.TIt:IPANT of the date on which it will stop
accepting new cases.
1.02 (a) lC?u#ies $pd Responsibilitiies of the FA. 'The PD will represent appellants on direct
appeal only. All decisions pertaining to the presentation of the appeal will be the sole discretion
ol'the PD, including but not limited to determination as to pursue appellate remedies beyond the
intermediate cau~t of appeal, corzununications v~ith the appellant, and whether or not the appeal
has merit ar is frivolous. The PD will at all times be guided by and comply with lris or her
duties as a licensed attorney in the State of Texas and the 'l'exes I7i,sciplinary Rules of
Professional Conduct in making these determrnatians..
1..~3 ]Pro~rdm ,Analvsls. At the end of one yr, the PI) will prepare an analysis of the
Program with a suggested cost for PARTICIPr1NT's continued participation after the 'T'ask
Force funding has been expended. The PD vc~ill provide copies of the analysis to
PARTI~GIPAIVT's comrztissioners court and #o the judges identified in Paragraph 2.
PARTI~I•PANT shall. have three months to consider the analysis and suggested cost and
determiate whether it will continue to participate in the Program.. IfPARTICTPAIV'I`requests to
continue participating in the Program, a new interlocal agreement as to funding and the funding
cycle will be necess$ry. .
1.D4 Good )t+'t~itbt ~,Ifort. PARTICIPANT shall make a good faith effort to continue
expending existing funds budgeted for indigent defense through the Program on aprorated basis
for a period of at least one year beyond the Task Force fiandixig, in order to give effect to the
Task Farce's purpose and mission far providing the funds for the Program. The Task Force's
funding is provided with the goal that tine program will continue; the 18-month studyperiad and
become self sustaining through cooperative, prorated payment of the pa~°ticipating counties,
1.d~ fiats for the ,A,x~alysas. As consideaatian for its participation in the Program,
PARZTt:`IPANT agrees t+o provide the PD informs~tion as needed to ~canduct the analysis,
including the current payment schedule for court~appo:unted counsel on appeal, and the previoas
three frsL~I years data on the Amount PAItTIt;IFANT paid for appointed appellate counsel, if
available.
1.C~+f ,Records affid Mailing. l~'AR'I'ICII'ANT wall romtinue to ita.cur the expense of the court
repoz~ters records that must be prepared for the appeal. Additionally, F'ARTI~[PA.NT will pay
the mailing or shipping fee to tirnel~~ I-rovide tl~e 1'D with a copy cif the Appellate Record. The
PD will pay tine cost associated with mailing the record to P.~iRTtCIPAATT once the appeal is
cot3.el~aded.
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1.07 No outer Costs Iucurr~ed. Neither the Task Force nor tl~e PD will assume any
additional costs associated with representatipn of mdigeut defendants or appellants. Costs of
investigators, translators, or any other collateral cast must be absorbed by PAlZT'ICIFAN'T.
AIi;TI+CI~~ II
t)THE~t T~]I~MS AND CUl~TDZ'x'I{a11TS
2.01 Nance and .Addresses. tJrtlcss otherr~vise sp~eLifcally provided herein, ail notices,
reports, and invoices required under this Agt~emenf shall be given in person or by certif ed or
registered mail, addressed to the propex Party, at the follai~ving address:
Tf to BE~A~t:
fl'onorable Nelson W. Wolff
Ca~anty Judge
Bexar County
100 Doloro
San Antonio, Texas 787t1~-3028
And:
Angela J. lvXc~r~re
Chief, ;3ex~t +County Appellate public Defender
41.0 S. Main, Ste. 2 i 4
San Antonio, Texas 7820
If to PAIZTICIPA.N'l'
_ oa .M _
2A2 No partnex~b~iu. Nothing cunta,ined in this Agreement is intended to create a partnership
or joint venture between the Parties axed any implication to the Contrary is hereby expressly
disavowed. This Agreement does not create a joint enterprise, nmr does it appoint z~y Party as
an agent of the other Party, for any purlsose whatsoever.
2.03 '4V„ a~, ive?r. The failure c,#` any !'arty to insist open the perrl`ormance of any terns or provision
rsf this Agreement or tt- exercise any right granted heretutder stall not cc~~astittrtc, a waiver of tl~,at
Party's rigtZt to insist upcsn appropriate perfcarnn.ance or to assert any such right or: any future
occasion.
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2.04 Venue. If any action, whether real or asserted, at law or in equity, arises on the bads of
any prr~vision of this ~+igreement, venue for fihat action shall lie in state courts lricated in ~exax
County, Texas. This Agreement shall be construed in accordance with the Iaws of the Mate of
'I'~xas.
2.OS ~enet~t of Parties. The terms arld conditions of this Agreement are solely for the
benef f of the ~'arties and are not intended to create any rights, contractual or otlXerwise, for any
other person or entity.
2.06 Force Nfaieure. Tf the performance of any obligation under this Agreement is delayed
by something reasonably beyond the control of the Fatty obligated to perfc~ttxa (`°F'orce
1Vlajeure"~, that Party shall be excused from performiatg the obligation during that period, so that
the tithe period applicable to the perfortt~:ance shall be extended ~t"or a period oftim.e equal to the
period that Party was delayed due to tl~e event of Porce Majeure.
2.07 Severabality. In case any one or snore of the provisions contained in this Agreement
shall for ariy reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceabiIity shall riot affect any other provision and this Agreement
shall be cozYStrued as ifthe invalid, illegal, or unenforceable provision had never been contained
la~rein.
.2.08 Friar Aere+ements Sunerceded. This Agreement constitutes the only agreement afthe
Parties and supersedes any prior understandings ar written or oral agreenrtents between the
parties respecting the within subject tnattex.
2.0~ Amendments. In order to be.binding, an amendment t© this Agreement must bc~ in
writing, dated subsequent to sloe date cif this Agreement, and executed by the parties.
SIGN Il . E lE'C , l3 this day of ~~, 2007.
CtJL1~N' E gt Ct~iJ~I7"'Y Off' _~~' _
By= ~ _....__ __~-~_
Ho or ble Nelson ff ~ ~ 7 _ ---~'~nor ble _~-~ '~i rJ ~E
Coun Judge/ Coruzty Jcadge
r-1"I"i'~~~'
t3Y:
Gerard Rickhoff
County Cier~
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APPROVED AS '~O LF.:GAL Fl~1ZM:
Susasa Reed
Criminal District Attorney
~exar County, Texas
BY: ~` ~ . _
Ketsey Me 1 __~__
• Assistant 1)is 'ct Attorn,ey
Civil Section
APPROVED AS TO FINANCIAL

~o~ty
B~;
county Fsudgct Office'
C~rc 7C~ i to ~
APFROVBD:
B'Y:
K.Pith L. Charlton, Jr.
Executive Directory Criminal Justice
Flanni~ig and. Coordiaiation
i-ora rur~~~~e~ r-~:~~
James D. Bethke
Director
Task Force on Indigent Defense
205 W. 14th Street, Suite 600
Austin, Texas 78701
Kerr County Supplemental Plan
For Indigent Appellate Representation
The judges hearing misdemeanor and felony cases, and a majority of the Juvenile Board
having approved it, the following amendment to'the Plan for Appointment of Counsel is
adopted and supersedes any previous plan for the appointment of indigent appellate
counsel as follows:
BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN
n. At the conclusion of all proceedings in the trial court, including post-trial
motions, if an indigent defendant wishes to file an appeal, trial counsel
must assist the defendant in the filing of the notice of appeal. Once these
steps have been completed, the court appointed attorney's representation
of the defendant is concluded. No motion to withdraw is necessary. The
trial court may then appoint the Appellate Public Defender's Office
(APD) on the appeal. If the APD refuses the appointment pursuant to the
Code of Criminal Procedure Article 26.044(j), the trial court may appoint
a lawyer from the next five names on the appropriate- appellate .list, as
provided by the Criminal District Courts Administration Office. The
judge may make a finding of good cause on the record for appointing out
of order, and may appoint any qualified, willing attorney regardless of
whether the attorney's name is among the next five names on the
appropriate list.
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SIGNED AND EXECUTED this ~ day 07•
_ Honorable Pat Tinley
Kerr County Judge