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    Follow-Up Review of Harris County's ID Systems For Juveniles - FINAL

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    Lydia DePillis
    Texas Indigent Defense Commission audit of Harris County

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Follow-Up Review of Harris County's ID Systems For Juveniles - FINAL

    Uploaded by

    Lydia DePillis
    110 views5 pages
    Texas Indigent Defense Commission audit of Harris County

    Original Title

    Follow-up Review of Harris County's ID Systems for Juveniles_FINAL

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    Texas Indigent Defense Commission audit of Harris County

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    110 views5 pages

    Follow-Up Review of Harris County's ID Systems For Juveniles - FINAL

    Uploaded by

    Lydia DePillis
    Texas Indigent Defense Commission audit of Harris County

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    Follow-up Review of Harris Countys

    Indigent Defense Systems for Juveniles


    October 7, 2016

    209 W. 14th Street, Room 202


    Austin, Texas 78701
    Phone: 512-936-6994; Fax: 512-463-5724
    www.tidc.texas.gov
    Chair:
    Honorable Sharon Keller
    Vice Chair:
    Honorable Olen Underwood
    Texas
    Ex Officio Members:
    Honorable Sharon Keller
    Honorable Nathan L. Hecht
    Honorable Sherry Radack
    Honorable Brandon Creighton
    Honorable John Whitmire
    Honorable Andrew Murr
    Honorable Abel Herrero

    Chair Presiding Judge, Court of Criminal Appeals


    Vice-Chair Presiding Judge, 2nd Administrative Judicial Region of

    Austin, Presiding Judge, Court of Criminal Appeals


    Austin, Chief Justice, Supreme Court of Texas
    Houston, Chief Justice, First Court of Appeals
    Conroe, State Senator
    Houston, State Senator
    Kerrville, State Representative
    Robstown, State Representative

    Members Appointed by the Governor:


    Honorable Olen Underwood
    Conroe, Presiding Judge, 2nd Administrative Judicial Region of Texas
    Honorable Jon Burrows
    Temple, Bell County Judge
    Honorable Linda Rodriguez
    Hays County
    Mr. Anthony Odiorne
    Burnet, Assistant Public Defender, Regional Public Defender Office for Capital
    Cases
    Mr. Don Hase
    Arlington, Attorney, Ball & Hase
    Staff:
    Jim Bethke
    Executive Director
    512-936-6994
    Brandon Bellows Policy Analyst
    512-936-6996
    Sharon Calcote
    Project Manager
    512-936-0990
    Edwin Colfax
    Grant Program Manager
    512-463-2573
    Traci Cruz
    Grant Coordinator
    512-936-7551
    Jamie Dickson
    Special Counsel/Policy Analyst 512-463-2573
    Marissa Kubinski Executive Assistant
    512-936-6994
    Joel Lieurance
    Senior Policy Monitor
    512-936-7560
    Wesley Shackelford Deputy Director/Special Counsel 512-936-6997
    Debra Stewart
    Fiscal Monitor
    512-936-7561
    Joan Thomas
    Publications Manager/Analyst 512-463-8015
    Sharon Whitfield Budget & Accounting Analyst
    512-936-6998

    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]

    Background
    In April 2012, the Texas Indigent Defense Commission (Commission) issued
    a policy monitoring report on Harris Countys indigent defense system for juveniles.
    The report compared local practices and procedures with the requirements of the Fair
    Defense Act, and made one recommendation concerning the timely appointment of
    counsel for juveniles who are not in custody. The recommendation stated, For cases
    in which the juvenile is not detained, Harris County must implement procedures that
    ensure timely appointments of counsel. Harris Countys response stated, The
    Juvenile Probation Department will modify its present procedures to make sure the
    child/family is contacted and a financial statement is obtained within seven days of
    assignment. The information will then be forwarded to the individual court
    coordinator so that an attorney can be assigned if applicable.

    September 2016 Follow-up Review


    On September 14 and 15, 2015, staff made a follow-up site visit to Harris
    County to examine juvenile records. The examination was made by Policy Analyst
    Joel Lieurance and Office of Court Administration Court Services Consultant Aurora
    Zamora. Throughout this report, references to reviewing staff will use the term
    monitor. The review sought to determine whether Harris County had successfully
    addressed the recommendation identified in the April 2012 report.
    Statutory Requirements
    If a juvenile is detained and kept in custody, the courts must promptly conduct
    a detention hearing.1 Unless the court finds that the appointment of counsel at a
    detention hearing is not feasible due to exigent circumstances, the court must appoint
    counsel within a reasonable time before a detention hearing.2 An appointed attorney
    must continue to represent the child until the case is terminated, the family retains
    an attorney, or a new attorney is appointed by the juvenile court. 3 If a juvenile is
    released from custody, counsel must be appointed within five working days of a
    petition being served on the juvenile (or conversely, the court must issue an order to
    retain counsel).4
    Examination of Records
    During the on-site visit, the monitor examined 150 juvenile case files that were
    filed between October 2013 and January 2014. Of the 150 juvenile cases, the monitor
    could determine the date of an attorney appointment or retention of counsel in 118
    cases. Harris Countys juvenile case files have evolved since the monitors initial visit.
    1

    Tex. Fam. Code 54.01(a).

    Tex. Fam. Code 54.01(b-1).

    Tex. Fam. Code 51.101(a).

    Tex. Fam. Code 51.101(d), Tex. Fam. Code 51.10(d).

    At the time of the initial visit, staff was able to determine when parents completed
    an affidavit of indigence. Those records, however, are no longer in case files. During
    the 2015 visit, the monitor gathered data from the case files and then passed this
    information to court administrators who attempted to supplement the monitors data.
    From the data gathered, the monitor determined that counsel was present in
    a timely fashion (either through appointment, retention, or order to retain counsel)
    in 69 of the 118 cases 58.5% timely. This level of timeliness falls below the
    Commissions threshold for presuming a jurisdictions procedures ensure timely
    appointment of counsel. The monitor finds that, based on the sample, Harris Countys
    practices do not yet ensure timely appointment of counsel in cases where a juvenile
    has been released from custody. See the table below for details.
    Table: Times to Appointment in Juvenile Cases
    Randall Juvenile Appointment Sample Data
    Number of juvenile case files examined

    Sample
    Size

    Number
    from sample

    Percent

    150

    TIMELINESS OF COUNSEL WHEN THE JUVENILE WAS SERVED WITH A


    PETITION (either appointment or retention)
    Number of case files in which juvenile was served
    with a petition and the monitor could determine
    the date of appointment/retention of counsel
    118
    Appointment of counsel occurred within 5 working
    days of petition being served on juvenile
    65
    55.1%
    Retention of counsel / Order to retain counsel
    occurred within 5 working days of petition being
    served on juvenile
    4
    3.4%
    Total cases in which counsel present in a timely
    fashion
    Total cases in which counsel not present in a timely
    fashion

    69

    58.5%

    49

    41.5%

    Status of Recommendation from April 2012 Review


    The County must respond in writing as to how it will address the recommendation.

    REQUIREMENT 4. APPOINT COUNSEL PROMPTLY.


    April 2012 Recommendation 1: For cases in which the juvenile is not detained, Harris
    County must implement procedures that ensure timely appointments of counsel.

    Issue still pending. This April 2012 recommendation must be


    addressed.

    Conclusion
    The monitor appreciated the professionalism and assistance provided by
    Harris County officials and staff. Harris County officials appear willing to make
    necessary changes to improve the indigent defense system. As mandated by statute,
    the Commission will monitor the Countys transition and process improvements
    regarding the reports recommendations.

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