Indigent Defense Reporting and Appropriations

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Indigent DefenseReporting and Appropriations

• Judicial Section Annual Conference Houston, TX
  September 25, 2001
• Jim Bethke
• Special Counsel to Trial Courts
• Office of Court Administration
• jim.bethke_at_courts.state.tx.us

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OCAS ROLE

• Determine Form and Manner of Reporting
• (1) County Plans And,
• (2) Indigent Defense Expenditure Reports . .
• Provide Administrative Support to the Task Force
  . . .

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Role of Task Force on Indigent Defense

• Develop State Policies and Standards for
  Providing Legal Representation and other Services
  to Indigent Defendants
• Develop Statewide Reporting Plan for Counties For
  Indigent Defense Information
• Provide Technical Support to Assist Counties in
  Improving Indigent Defense Systems

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Role of Task Force on Indigent Defense, cont.

• 4. Promote Compliance with Requirements of State
  Law
• 5. Provide Fiscal Assistance to Counties
• 6. Monitor and Enforce Compliance by the County
  via Conditions of the Grant Process.

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How Much Money?

• FY 2002 7.9 Million
• FY 2003 11.9 Million

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When Will the Money be Available?

• After January 1, 2002
• BUT . . .

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What Must Task Force Doto Distribute the Money?

• Governor Must Appoint a Task Force.
• Task Force Must Meet.
• Task Force May Employ a Staff of Five.
• Task Force Must Develop
• -- State Policies and Standards

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What Must Task Force Doto Distribute the Money?

• Policies and Standards Require Council
  Ratification.
• Develop a Grant Application.
• Get Council Ratification of Grant Application.
• Distribute Grant Application to Counties.

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What Must Task Force Doto Distribute the Money?

• Review Completed Grant Applications.
• Award Grants Based on 1) County Compliance with
  Standards Developed by the Task Force 2)
  Countys Demonstrated Compliance with State Law
  and 3) Fairness.
• Direct Comptroller to Distribute Funds to
  Successful County Grantees.

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What Must Task Force Doto Distribute the Money?

• Monitor Compliance and Enforce Compliance
  Pursuant to Grant Conditions.
• Counties Must Use State Monies to Augment Current
  Indigent Defense Services.

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What Must the County Do?(Section 71.062 (b))

• Comply with Task Force Standards.
• Demonstrate Commitment to Compliance with
  Requirements of State Law and,
• 3. Apply for the Funds.

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How May the County Demonstrate Commitment?(Sectio
n 71.0351)

• BY PROVIDING
• INDIGENT DEFENSE INFORMATION

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County Reports Sections 71.0351
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County Reports, cont.Sections 71.0351
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County Benefits

• Technical Support to Assist Counties in improving
  Indigent Defense Systems
• State Fiscal Support to Augment County Funds
• Uniform Statewide Standards and Policies.

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Whats Next?

• Indigent Defense Information Page
• WWW COURTS.STATE.TX.US
• Forms
• Instructions for Submission of County Plans
  (Judicial Information Packet) to be Mailed Week
  of October 1, 2001

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Section 13 and 14 Reporting Requirements