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A Capital Idea! Establishing a Capital Public Defender Office in Your Jurisdiction

A Capital Idea! Establishing a Capital Public Defender Office in Your Jurisdiction. Texas Task Force on Indigent Defense Workshop 2009 October 22, 2009. Current Method for Capital Indigent Defense in most counties. Assigned Counsel

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A Capital Idea! Establishing a Capital Public Defender Office in Your Jurisdiction

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  1. A Capital Idea! Establishing a Capital Public Defender Office in Your Jurisdiction Texas Task Force on Indigent Defense Workshop 2009 October 22, 2009

  2. Current Method for Capital Indigent Defense in most counties • Assigned Counsel • Two attorneys required to be appointed for each capital case from the list of attorneys approved by the regional selection committee • Cost varies depending on number and complexity of case • Number of attorneys are limited in rural areas • Private counsel indicate practice is strained during representation in capital case

  3. Advantages of Public Defender • Budget Predictability • Quality controls over representation • Availability of attorneys to accept appointment • Primary oversight responsibility to reside in entity other than the courts • Hands-on administration and supervision • Institutional Resource

  4. Disadvantages of Public Defender • Status quo • Start-up costs • Small caseloads (if one rural county tried to start public defender) • Cost may be more than usually spend (i.e. county does not normally have capital murder case each year)

  5. Regional Map

  6. Regional Public Defender • One office to serve all 85 counties in the 7th and 9th Administrative Judicial Region • Appointed by the District Judge to any capital murder case filed in the county • Central Office located in Lubbock County • Office consists of Chief Public Defender, 4 Attorneys, 2 Investigators, 2 Mitigation Specialists and 2 Legal Assistants

  7. Regional Public Defender Proposal • Staffing based upon caseload • Total budget • Year 1 - $650,685 (includes set-up costs) • Year 2-5 $978,886 • Cost allocated based upon formula: • 50% of cost based on percentage of total population • 50% of cost based upon percentage of 10-year average of capital cases filed • Minimum of $1,000

  8. Regional Public Defender Proposal • Oversight Board consisting of Regional Selection Committees of 7th and 9th Administrative Judicial Region (with addition of 2 County Judges and 2 Commissioners) • Selected Chief Public Defender • Rest of staff selected by Chief Public Defender

  9. Funding • Cash Match Funding for four years • Interlocal agreements established between Lubbock County and other counties • Counties provide cash match portion to Lubbock County, which will substantiate with Task Force • Lubbock County to provide office space and administrative support services to the office (in-kind)

  10. Critical Steps • Judicial Leadership • Criminal Defense Bar Support • Dedicated Oversight Board • Good Chief • Flexibility

  11. Questions? Contact Information: David Slayton – 806-775-1020

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