ORDER NO. 30316
REGIONAL APPELLATE DEFENSE CONTRACT
Came to be heard this the 11th day of June, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams/Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Accept the Contract as originally presented.
30316
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Rex Emerson OFFICE: County Attorney
MEETING DATE: June 11, 2007 TIME PREFERRED:
SUBJECT: Consider, discuss, and take appropriate action to readdress the Regional
Appellate Defense contract.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Angela Moore/Rex Emerson
ESTIMATED LENGTH OF PRESENTATION:
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 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS 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 you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
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IIVT'ERLt?CAL AG~2.E]~MENT
Thin intcrlccAl agreement (the "A~eement"} is made by andbetween ~3lEXAR
COUN''Y'Y, T`E~AS ("BB~A~t."), a politics! subdivision of the Mate of Texas, acting through
the Bexar County .Public befender oboe (the "PD"), and ~'CLGR12 CC1LTtsITY,
'f ERAS (" PAR'T'ICIPANT"), ~ political subdiaisioli of the State of Texas {also, individually, a
"parts," os', collectively, the "Parties"). This Agreement is Ynade pursuant to the Fair f3efense
Act, Te~cas Code of Criminal Procedure Article 26,44(b), slid Texas Goveannaent Code Chapter
791.
RECA7~,A~.,S
W~~EREAS, each Party finds; 1) that the subject ofthis A~reelxzent is necessary for the
bane .fit of the public; and ~) that it liar the legal authoxifiy to' perforili and to provide the
government function or sexvice which is the subject rnatt+et of this Agreem~tlt; and
'~iE~.~.S, the perforlnanCe ofthis,A,greement by I3BXAR and PARTICIPA~I'T will
b~ Irt die comman interest of the Parties;
P++i~C3`yV',1'IE~EIZEF'DRE, the Parties agree as follows;
aI~T~CI/~ r
~~cor~AM
1.01 Pro tarn Purpo„~gad 3'erm. The Bexar County Regional I'uk~lic I~afenderofl5c~e (the
"PD"~, funded by tllo Task Force on indigent Defense Technical Support Funds (the "T'~.k
Porte"),will provide coul~t~app~iinted counsel on appeal tc~ persons in the ~ I counties ztxcluded
iri the .Fcaui~tli Court cif Appeals Regicin who have beets ccarYVicted of a crime and cannot s~~d to
l1i:e their own att,rrmey (the ``Program-'). The Tank Force wilt provide sufficient funds tci hire
one attsnxaey. acid rnne legal assi.~taiit fox a per7od ofeighteen months ~ provide representation on
appeals and de~rel.zrp a plan to share costa among the counties beyond the eighteen-month
period; how~evei-, the PD's obligation tci perf'~asxn is cc~sxrtiargelit can receipt of the funds #'rcim the
Task F'carcce.
.02 ,Itict~es Aut~ox '~ to A,~peint IND. Botri toasty and dis~ict c~-uris will ,partici~ste
in stmt Prog~n~. The Pro,am alic~ws ttre Honorable(s;~ 3~tdges oaf the Judicial District aazd the
Coa~nty raid County Court~at~I.a~v ,lodges havi~tg.jut'isdtctio~i withhln F°AR°T'IC'IPAI~T's
~e+~g~phic boundaries (sci long as the jurisdiction lies within the Foulth Coin! ofAppcals
L~istri~t) to appoint the I'`D for. tlse appeals cif all eligible uses, The Frcagratr~ c~-vcrs both
aduit at'fe~ders and juvenile u°espondents, IIa the evezat of a~n,flict of haterest among
deferidattts tax a legal liability fear-tlae f~I?. ter accept apptr~tm,eztt, I~ARTICIi'a4.PdT" shall
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appoint an attorney other than the PD. The Pb will stop accepting new cases when the P.D
deteraiizies that to do so is necessary in order to complete all cases it has accepted bet©re the
t~id of the "Z`a,5k .Force funding cycle. 'This will probably be about 12 months into that
funding cycle, and the Pb will notify the P,ARTICII?"ANT of'the date on which it will stop
accepting new cases.
l .02 {a) Duties upd Responsibilities of th__,~ a pA._The PD will represent appeilsunts on direct
appeal only. Aril decisions pertaining to the presentation of the appeal will be the sole discretion
of the pLl, including but riot limited to determination as to pursue appellate remedies beyond the
interrtiediate court of appeal, coa~itrriunications with the appellant, ai'id whether or riot the appeal
lies merit or is frivolous. The PD will at all times be guided by and comply with leis or her
duties as a licensed attorney in the State of Texas and the Texas L7isciplinary Rules of
Rrofessional Cotidut~t in malci~tig these deterzniriatians.
1..03 Prv~rdm ,Airaltisis. At tiie end of one year, t11e PD wwill prepare an analysis of the
Program with a suggested cost for PARTICIP~3I~T's continued partipipatiori after the Tasl~
Force funding has beers expended. The PD vc~ill provide copies of the analysis ~:o
PARTY+GIP.ANT's commissioners court acid #o the judges identified in Paragraph ~.
PAIaTi~i<PANT shall. have three months to +consider the analysis and suggested cost and
determirte whether it will contin°ue to participate in the Program.. IfPARTICTPA.NTxe~uests to
continue participat7ng in the Prograr_ra, a new inter~local a$reemertt as to funding and the funding
cycle will be necessary.
1.04 Goad lir'aitlr El"fort. PAIi;TICIPANT 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 Taal Force ftmdixig, iri order to give eŁt'ect to the
Task Farce's purpose acid 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 studyperiod and
become self-:sustaining through cooperative, prorated payment of the participating counties.
1.U5 Data for the A,nalysis. As consideration for its participation in tlxe Program,
Pt1R7T~IPANT agrees to provide the PD information as needed to conduct the annalysis,
including the current payment sche~iazle for courtyappoiz~ted counsel an appeal, and the previous
three f sc.~i gears data on the amount P1~1RT'It;YP~ NT paid for appointed appellate counsel, if
available.
1.Ofi Records s~ffid Mailill:Y. I'AR'I'TCII'ANT wilt continue to incur the expense of the co~~zrt
reporters records that must be prepared for the appeal. Additorially, PARTI~IPA,NT wilt pa~v
the mailing or shipping, fee to ti_tnely' provide the F'II) with a copy of the appellate lZecord. The
k'l7 dvill pay the cast associated with mailing the recar•d to FARTI~IPAI4,TT once the appeal is
concluded.
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I,07 No otb~er Costs Incurred. Neither the Task Force near the PD will assume any
additiozaal costs associated with representation of indigent defendants or appellants. Costs of
investigators, translators, or any ether collateral cost must be absorbed by PA1~.T"fCIPAN'T.
ARTICl~E II
CITHE~t TENS ANfI CONII-z'~IUNS
2.01 Notice and Addresses. Unless otherwise spes;ificaliy provided herein, all notices,
reports, and invoices required under this Agreement shall be given in person or by certified or
registered mail, addressed tp the proper Party, at the frsllaiving address:
Tf to 1~E~AR;
l~l'onorable Nelsrm Vlt, Wolff
County Judge
J3exar County
lOfl I)oiorosa
San Antonio, Texas 782tJ~-3028
Arid;
Angela J.1Vloore
Chief, Bexar County Appellate Public Defender
41.0 S. Main, Ste. 2 i 4
San Antonio, Texas 78204
If to PARTICIPA;N?`
2.02 Nc~ Partanerslh~iu. Nothing cs~atained in this ~S,greernerat is intended to create a partnership
or joint venture between the Parties axed any implication to Lhe Contrary is hereby expressly
disavowed. This Agreement does not create a joint enterprise, tto: does it appoint gray Party as
an agent of the other Party, fnr gray purlsose whatsoever.
Z,G3 '4~Y. The failure of atay Party to insist rapon the perrf'armanGe of any terrri car proVi3iori
of this Agreement ar to exercise .any right granted hercruader shall not constitute a waiver caf'that
Pasty's right to insist upc:n appropriate perforrnanc~e or to assert aray sorb right ter: any future
occasion,
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2.44 'Venue. If any action, whether reel or asserted, a# law or in equity, arises on the basis of
any provision of this Agreement, venue for fiat action shall l.ie in state courts bated in ~exat
County, Texas, This A,~eement shall be construed in accordance with the laws of the Mate of
Texas.
2.05 18enef~t of the Parties. The terms grid conditions of this Agreement are solely for the
benefi# of the Parties and are not intended to create any.righis, contractual ar otherwise, for any
other person or enti#y,
Z.OS i<'orce Nfaieu~s. Tf the performance of any obligation under this Agreement is delayed
by something reasonably beyond the control of the Partly obligated to perfor~ra (``F'orce
lVlajeure9i), 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 oftima equal to the
period that Party was delayed due to the evert of JForce Majeure.
2.0? ~everability. In case any one or more of th8 provisions contained in this Ag~reernent
shall for amy reason be held to be invalid; illegal, or unenfor~:eable in any respect, such
invalidity, illegality, or nnsnforceability shall not affect any other provision and this Agreement
shall be construed as ifthe invalid, illegal, or uneazforceable provision had never been contained
herein.
2.08 Prioa~ er~t.~ ~u~erceded. This Agr$en~ent co~~s'titutes tl~e only agreement of the
Parties anal supersedes any prior understandings or written or oral agreennents between the
Parties respecting the within subject rnattet.
2.O1 A~eudments. In order to be_binding, an amendment to this Agreement must b;~ in
writing, dated subsequent to the date of this Agreerne~nt, and executed b~.- the Parties.
SY~N T1 D E EC , m this day of ~~, 200?.
CC?t7A1 E IZ CtJUNTY OF' _~~-
By= - ---~-_ - - ~-
H© or ble rdel5on t'f .. ~ ? _ ---~bnox bie T °°'~'i+~l~~
Coon Judge/ Cor..~rty :lodge
AT"i'iJST
t3Y.
Gerard Rickhoff
County Clerk
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APPROVED AS TO LI::,GAL FORM:
Susan Reed
Criminal Distzict,A,ttorney
Eexar County, Texas
BY: ~`' _
Keissy Me 1
Assistant Uis 'ct Attorney
-Civil Section
APPROVED AS TO FINANCIAL
~~~ __ o~
aunty
H~;
/ County ftudget Offices'
7C~ i l0 7
APFRC~VET).
1~Y:
KAith L. Charlton, Jr.
IJxecutive T~irectorr Criminal Jnstic~c
Planning and. Coordza~ation
i -o ~ c~ rv~r~~~ ~uro~ r -~.~~
James D. Bethke
Director
Task Force on Indigent Defense
205 W. 14`h 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 fmding 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