Response
to Texas Indigenr
Defense
Commission's
Review of El Paso
County's
indigent Defense
Systems
January
31,2015
Page2
We
undersrand
rhat
the reform
we envision
at El
Paso County
will take time as
well as
investment,
but
we are committed
to creating
the most
efficient and
fair system
we can. Undoubtedly,
we will
need the help and
supporE
of the TIDC
in order to effectuate
the kind
of change
we need, and
we
hope that as
we seek out
grants and advice
that we can
count on that
support.
Please
let me know
if you have
questions about
our responses,
and again, thank
you for
your
assistance and
support.
It is greatly appreciated.
El Paso
CountyJudge
January
21,2015
County Judge
Veronica Escobar
500 E. San Antonio,
Rm . 301
El
Paso, Texas 79901
TIDC REVIEW OF
EI PASO COUNTY'S
INDIGENT
DEFENSE
SYSTEMS-NOVEMBER
2014
EL PASO DISTRICT
COURTS AND
COUNW
COURTS'RESPONSE
The Texas lndigent
Defense Commission
(TIDC)
reviewed
El Paso County's compliance
with the Fair Defense
Act
(FDA)
by examining
clerk and case
management
records
showing
case events
for misdemeanors,
felonies and
juvenile
cases.
TIDC also examined
public
defender office
records as
well as attorney appointment
records
maintained by the Council
of
Judges
(COJ).
The audit examined
criminal cases
which
had evenls occurring between
October
2012 and September
2013.
El
Paso County
had been operating under an
indigent
defense
plan
set out by
a federal
court order, commonly
known
as
the El Paso
Plan, since 1986.
After consulting
with
the
El Paso
County
Attorney's Office,
the COJ created a
new indigent defense
plan
that
fully complies with
the
FOA. The El Paso
District Courts and County
Courts'
Plan lays out the standards
and
procedures
related to the
appointment of counsel
for indigent
defendants and
was
approved
on
August 18, 2014 and
went into effect
immediately. Some of
the concerns expressed
by TIDC
have already
been addressed
under our current
lndigent Defense
Plan.
The COJ will be
providing
training to the Judges,
court
coordinators, and
all the eligibility
officers to ensure
compliance
with the
proposed
recommendations
made by
TIDC. Reports
will
also be
generated
on a
monthly basis to ensure compliance
with the Fair Defense
Act.
ht
uul
(
)
|t
od
uni/l. I:,,tpk't! t
REAUREMENT ONE: CONDUCT
PROMPT
AND ACCURATE
ARTICLE 15.17
PROCEEDTNGSj Tha
magist/s,te
must
ensure that
reasonaDle ass,SlancE
in ampleting forms
necessdry
to
request counsel
is
ptovided
to the a@used.
The El Paso Judiciary updated lhe magistrate
wamings which set out the
procedure
to
request an appointed attorney.
The
magislrate
will infom the accused of the following
procedures
afler advising him/her of the right to request
court appointed counsel if they ara
unable
to hire an attomey. The magisfate
preslding
over the
15.17 hearing
will advise the
defendant of lhe following,
in addition to the r6quir6d statutory
rights:
1. You will be
required to complete a writt€n application
that asks
about
your
income
and financials
to determine if
you qualfi
for a court
appointed attomey. You must
meet indigent standards in order to
gualify
for a coun
appointed attorney.
2. An eligibility officer will assist
you
with the application.
The application must be
verified under
oath and signed
by
you.
lf
you
remain in custody,
an eligibility
ofiicer
will contact
you
and take the application.
lf
you
bond out before an eligibility
officer
takes
your
application,
you
must apply for appointed counsel
at
the
courthouse within
24 hours.
3. You must answer these flnanclal
qu€stions
truthfully
because ff
you
lie,
you
may be
proseculed
for
perjury.
4. lf
you
qualify
for a court appointed attomey, his/her
name and
phone
number
will
be
given
to
you.
5. He/she should contact
you
within 24 hours of appointment.
6. lt is
possible
that
you
may be
required to
pay
El
Paso County any money that is
spent on
your
defense.
The updated vercion
of the 15.17 warnings will be distributed to
all
the magistrates of El
Paso
Coung. The
magistrate will inquire whether the anestee wishes to
r€quest
a court
appointed
aftomey and
the
answer will be noted on the document.
The
county
jail
will then
input the request as
part
of tho booking
process.
A report
will be
generated
every moming of all
defendants
that were booked the day before and reguested court appointed counsel.
lf
the
accused is in custody, an eligibility officer will take an application
at the
jail
either in
person
or by
phone.
lf the
accused
was
given
his/her 15.17 magistrate wamings and requested court
appointed counsel but
bonded
out of
the
County Jail
befole an eligibility officer completed an
appllcatlon, the accused is
provided
instructlons
on the
procedure
to
requGt court appointed
counsel.
(See
Forms: Notice To Defendants Charged with a
C/ass A
or
B
Misdemeanor
or
Felony Released Prlor to Appointment of Lawye). The notice
informs the defendant where to
report and lists the necessary
documents
that ne€d to
be
hought
in.
REQUIREMENT
TWO: DETERMINE INDIGENCE ACCORDING
TO
STANDARDS
DIRECTED
BY
THE
INDIGENT
DEFENSE
PLAN: The Courtswere wtsideringfactors not allowed under
CCP
26.U(m) when determining whether a delendant is indigent.
ThE
Texas
Code
of Criminal Procedure ailicle 26.04(m)
alloun
the Courts
to consider
the defendant's income, source of income, assets,
property
ourned, outstanding obligations,
neoessary expenses, the
number and ages of dependants,
and spousal
income
that is available
to the defendant
to determine
indigence.
Prior to 2014, the eligibility
offtcers
would inqulre
es to
household
income and
expenses.
It was brought to
thelr attention
that only income
and expenses
from the
defendant and his/her
spouse
were to be utilized
in order
to
determlne lndigence.
The
indlgenco afiidavit
used today
by the eligibility ofiicens
only inquires about the
income and expenses
of
the defendant and
his/her spouse,
if applicable.
Our Judges, court coordinators
and
eligibility officers
have been
provided
training on
what
may be considered in order
to
detemine lndigence under
CCP
26.O4(m) and our
lndigent Defense Plan. Our
procedures
and standards
apply egually
to
anyone charged
with a misdemeanor
or a felony, and
to a defendant
in custody
or
out
on bond.
(See
Forms.' Motion
fw Appointment of
Counsel).
A request by the appointing
authority
for additional
information, documentation,
and/or
verification
cannot delay appointment
of counsel beyond
the timelines
specified
in the Code of
Criminal
Prooedure and the El Paso
lndigent Defense
Plan.
A defendant
who has been determined to
be indigent
is
presumed
to
remain indigent for
the remainder
ofthe
proceedings
in
the
case unless a
malerlal change
in the defendant's
financial
circumstances occurs.
Training has been
provid€d
to the trial
courts informing the
Judg$ that the
only factors
that may be considered to
ascertain whether a
financial material
change
has indeed occuned,
factors listed under CCP
26.0a(m).
REQIJIREMENT
FOUR: APPOINT COUNSEL
PROMPILY:
INCATCENTEd
PENONS: AftET TECEIPI
of a request for counse!,
aunsel
must
be appointed
within one
working day. Persons
out of
custody:
Counsel muil
be appointed at the defedanfs
first auft
appearance or when
adversaial
judlcial
prcceedings
are
initiatecl, whichever
annes
fir*
Once
a request
for
counsel
is made at any
15.17 hearing, the County
has 24 hours to
transmit the request to th€
appointing authority, and the
appointing
authority has one
working
day to
rule
on the
request
by denying the request or
appointing an attomey.
To
ensure
compliance
with our time
guidelines,
the time the
request is made is noted on
the
'15.17
magistrate wamings form.
At booking, the request
for court appointed attomey
is
inputted into Odyssey.
Every moming a
report
of
all
ho
felony and misdemeanor anestees
requesting
an
attorney is
generated
by the
eligibility ofiicers.
The OCA and COJ notifies
the
County Jail of all the
inmates who requested an attomey
and need
to be interviewed. The COJ
and the OCA eligibility ofiicers
go
to the County Jail every
moming and condud
indigent
screenlng
interviews. The defendant signs the affdavit
under oath and
the
eligibllity
officer
makes
a
determination at that
time. The inmate is
given
the name of
his appointed counsel or
is
told that
he
didn't
meet the
indigence
qualifications.
An
anestee
who
does not
wish
to
request a
court appolnted
attorney must sign a waiver of court appointed
attomey.
Any attorney
appointed to a criminal
case is faxed an appointment
letter along wih a
verification form that
needs to be
filled
out
when the anestee
is seen by his attomey for the first
time.
The verification
form must be sent to the appointing
authority
who
apPointed the attorney
in ordor to
veriry
that
the defendant
was contact€d
no later
than
the 6nd of the first working
day
after the appointment
date.
lf a misdemeanor
arrestee
is incarcerated
for
geven
days, or a felony aresteE
is
incarcerated
for fourteen
days, a
findlng
of
indigence
is made and
an attomey
is appointed by
OCA,
COJ or the trial
courl.
All the
inmates anested
through the
DIMS
program
are interviewed the
next buslness
day in the
moming and taken
to the
jail
magistrate
court
in the aftemoon.
An attomey
is
appointed
on the spot
il the anestee
qualifies
for an attomey.
An assistant
public
defender and
a
privete
attomey are sdleduled
every
day to represent
those
who
qualify
for a court appointed
attomey. The appolnted
attomey interviews the
inmate
and reads the
DA's file. The defendant
can
plead
guilty
to the charges
after his 15.17 rights are
read by the
Jail Magistrate.
lf
the
delendant
does not
wish to
plead guitty
the trial court
will
schedule an anaignment
hearing
within a few days.
The attomey appointment
is made to all
unfiled and filed
cases. COJ and
OCA do not
weit for the charges io
be filed wlth tho Courty Clerk
or the
District Clerk in order
to
appoint
an
attomey. The same attomey
is appointed for all th€ charges
an anestee
may have, if the
attomey
is
qualified
to
handle all the charges.
lf the anestee already
has a court
appointed
attomey handling other
pending
cases, the
same attomey shall
be appointed as long as th€
attomey
is
qualified
to handle the new charges.
lf the anestee
bonds out before
he requests court appointed
counsel
or
beforE
an
ellglblllty officer conducts
an indigent screening
inteMew, the
anestee ls
glven
a flyer, upon
release, instrucling him to
go
to COJ or OCA to r€qu$t a court
appointed
aftomey. The flyer
also informs the defendant of the
procedure
and documents
lhat
are needed wlten rcquesting a
court
appointed attorney.
The defendants are
told
to
ropolt within
24 hours
or
soon thereafier
in
order to try to
make the indigence determination
as
quickly
as
possible.
That same day, the
COJ and OCA eligibility
ofiicer
denies
the
request or appoints
an attomey. This
procedure
applies to
all flled and unfiled cases.
The
goal
is to eppoint
an attomey within 24
hours after
request regardless of
whether the case has been
filed or not.
The cunent flyer replaces the
notlce to misdemeanor anestees
instructing them to appear
at
OCA 21 days after release for an
indigence
screenlng. The COJ and
OCA will be appointing counsel
for thoee
who
quallfy
instead
of taking the completed and approved application
to the trial
courts in order to comply
with the
24 hour time
frame
required
by the CCP.
The
kial courts
will not allow a defendant to
represent himsolf unless
the request for a
court appointed attorney
is denied; othen vise the
walver of counsel
is
presumed
invalid.
Th6
clerks will be instrucied to
include all the 15.17
magishate wemings and all the
motions for court
appointed
attomeys ln the
Odyssey case management system
orthe
paper
file. Training on this
matter
will also be lncluded
for all the trial courts and their
gtafi.
Our
goal
ls
to
ensure that timely
appointment
of counsel occurs
in more that 90% of next
yea/s
audit.
REQUTREMENT
FIVE: INSTITUTE A FAIR. NEUTRAL.
AND
NONDISCRIMINATORY
ATTORNEY SETECI/ON
PROCESS; Rotational method:
The cowt must appoint an
attomey
from among
the nert
fMe names on
the appointment
ilst tn the
order in whiclt
the attomeys'
names appear
on the
tlst, unless
the auft
makes a
tinding of
good
cause
on
the
recod for
appolnting an
attomey out
of order.
ccP
artide
26.04(b)
(6)
regulres courts
to adopt
proceduree
ensuring
appolntrnents
are
allocated among
qualified
attomeys
in a mannerthat
is
fair, neutral,
and nondiscriminatory.
A
jurisdiclion
is
presum€d
to have a
fair, neuhal, and
nondiscrimlnatory
appolntment
system
if the
top ten
percent
of
recipient attorneys
et a
glven
level
(felony,
misdemeanor,
and
juvenlle)
receive
no more than
three times
their representative
share of
appointmgnts.
The distribution
fell outside
the Commission's
threshold
that
presumes
a
iurisdiction's
appointment
methods
are
fair, neutral and
nondiscfiminatory.
Under
the old indigent
defense
plan
we had 189 attomeys
for assigned counsel
felony
cases
in FY13. The top
19 attomeys
(top
10.1%)
received 37.30,6
of available cases.
Under the old
indigent
defense
plan
we had
194
attomeys
for assigned
counsel
misdemeanor
cases in
FY13. The top
19
attomeys
(top
9.8%)
recrliued 47.1oh of avallable
cases.
Both of th6se
distributions
fell outside the
Commisslon's
lhreshold
that
presumes
a
jurisdic{ion's
appointment
i8 fair,
neutral, and
nondiscriminatory.
Under our
current indigent
plan,
all the
attomeys
on the wheel list
are
qualified
to
take
criminal cases
and have been
approved by a
majority of
the
judges
hearing oiminal
cases.
Training has
been
provided
to
all the Judges,
court coordinators,
and eligibility
offcers on the
appointment
process
using the
wheel lists. The
majority of the
attomey appointments
are being
conducted
by the COJ
and OCA uslng thE
wheel llsts
in order to comply
wlth the timelines.
The executive
director of
the COJ, Mike lzquierdo,
has been in contaci
with TIDC and
was
given
the
formula needed to determine
if our top
10
percent
felony and misdemeanor
attomeys are
receiving more than
30
percent
of the
cases assigned.
Mr. lzquierdo
will run a
monthly report and
report to the Councll of Judges
at
every monthly
meeting.
All
these
changes
will include more training
for
everyone
involved
in
the
attomey
appointment
process
with the
goal
of
fully complylng
with the
Fair DefEnse Act.
Because
you
are being released before
your
request
for
appointment
of a lawyer has
been fully
processed,
no attomey
has
yet
been appointed. You must
qualiff
under the
oounty financial
guidelines
to obtain a coud appointed
attorney
if
you
are charged with a
Class A or B Misdemeanor
or a Felony
only. You will not be appointed
an attorney for a
traffic ticket or other Class C
misdemeanors.
lf
you
believe
you
are
unable to alford an attomey
you
must complete a
questionnaire
about
you
and
your
spouse's financial circumstances.
lf
you
have the
following
financlal documents for
you
and
your
spuse,
please
bring them; valid
picture
identification cad,
paystub,
W-2, tax
retum,
bank
statement, rcceipts
forthe following;
moftgagoftent
,utilities,
car
payment,
child support,
award bfter for food stamps,
TANF,
SSl, and Medicaid. The
judge
will rule on whether
or not under he law
you qualify
for a
court-appointed attomey. Defendants
with court-appointed counsel may
be ordered to
repay
El Paso County
for legal fees
paid
to the appointed
attorney.
Attomeys are appointed by the end of the business day
following
your
request;
therefore
you
must
report in
person
today or
the
next buslness day
(Monday
thtough Fdday) between the hounc of 8:30
am
-
11:30 am and
1-39-@999.
lf
you
are
released
on
a Saturday, Sunday, or courthouse holiday, report
by the next
business
day.
appolnted
attornev.
lf
vou
are
qoinq
to hire
vour
own attornev. vou
DO
NOT need to
reooft
MISDEiIEANORS
El Paso Coufi Courthouse
Ofiice of Court Administration
500
E.
San
Antonio, Rm. LLl17
Telephone:
(915)
54&2093 Fax :( 915)546-2192
El
Paso, Texas 79901
FELONIES
El Paso County Courlhouse
Council of Judges
500 E. San Antonio,
Rm.
't01
Telephone:
(915)
546-2143 Fax :( 915)546-2019
El Paso, Texas 79901
Parklng
-
You may
park
at the County Garage for
$S.fl)
and there
are
paid parking
lotE
wilhin
walking distance. THERE
lS NO FREE PARKING ATTHIS LOCATION.
NO TANK TOPS. T.SHIRTS.
SPORT JERSEYS.
SLEEVE]ESS TOPS. MII}RIFF BLOUSES. SHORTS.
SWE{TPANTS. JEqNS WTH HOLES OR
PATCHES
OR SANDALS.
Notice to Defendants
Charqed
with a
Class A or B
MisdemeanororFe!@
Appointment of
Lawver
You must show up
in
person
todav or tomorrow
TsnusIrA,
FoNsEcA
OrrICItI.,
COURT
REPORTER
RUTH
ANN FIERRO
DRUC
COURT
COONOINITON
BELINDA
ACI,INA
DRUG COURT
CASE
MANAGER
Veronica
Escobar
County Judge
500
E. San
Antonio,
Room 301
El
Paso, TX 79901
Dear Judge
Escobar;
Family Code
Section
51.101(d)
provides
that
if a court
makes a
hnding of
indigency
under
(c),
the
court
shall appoint
an
attomey to
represent
the
child on or
before the
5th
working
day after
the date
the
petition
was
served
on the child.
The
2015
amendment
to the
El
Paso Juvenile
Board
plan
should
address
Prompt
Appointment
of Counsel
Rule
4- Appointing
Judge
(b) (3)
and
(4)
and
(c)
and Rule 7-Notice
of
Appointment
Decisions
to
incorporate
the recommended
changes
contained
herein
to insure
compliance
with the "5
working day
rule"
found in Texas
Family
Code Section
5Ll0l
(d).
In that
regard
it is
recommended
that
a
policy
be established
that
directs
the
process
server to
notify the
court by
notiffing
the
court
employee
designated
by the
district
judge
(presently
Liliana
Martinez, titled
court
receptionist)
within
1 business day
of
the date and time
that
service
is accomplished.
It would
be that
person's duty
to
prepare
the financial
assessment
form and
make a conditional
recommendation
to
the court
as
to whether the
family
qualifies
for
appointment
of counsel
within
I business
day.
Such
information
would be
provided to the court
and the court
after
reviewing
that
information
and
any other
information
that
the court
deems
relevant,
would
either
generate
an
order
finding
that the
family
is indigent
and
appointing
the
attorney
on the
wheel
within 72
hours
of receiving
verification
of
service
or it shall
make
a
Equal
Opportunity
EmploYer
finding
that the
family
is not
indigent.
The order
signed
by
the court shall
be
promptly served
upon
the child.
The
financial assessment
form
identified
as
plan
document "Affidavit
of
Indigence"
needs
to be updated
to
ask for
the disclosure
of
liquid
assets,
excluding
the value
of one
vehicle,
in
excess of
$2500.
JIS, the
juvenile
information
system
used by JPD
regarding
juvenile
cases
reflects
in
the
"JIS Wheel
queue" the name
of the
juvenile
whose
referral
resulted in the
filing
of a
petition
at
the
time
of the hling
of the
petition. Thus, if Liliana
Martinez
checks
the
JIS Wheel
queue
each
business
day, she
can
know that
a new
case
has been
filed
and can then
begin
the screening
process
for a family's
indigency
sooner,
even before
service
is
accomplished,
essentially
at or
near
the time of
filing
Further,
right
now Ms.
Martinez's
qualification of the
family
as being
indigent
and
eligible
for appointed
counsel
is done
manually.
JPD
is exploring
the
ways through
JIS or
Caseworker
(the
other
data system
used by the
department)
in which
the
recommendation
of
eligibility
can be
incorporated
into the
data system/s
electronically
for the courts
and others to
view immediately.
It is anticipated
that
the training
of Ms,
Martinez
to use
presently
existing
information
can
be done
in 30 days
or
by February
27,2015
with
the modification
of
the data
systems
being
accomplished
within 90
days
or by
April 30,2015'
Alternatively,
intake
could
be assigned
the task
of
requesting
that
families
fill out
the
financial
assessment
form
prior
to
the
filing of
the
petition on those
cases
in which
pleadings
are
anticipated
to be
filed.
Some
financial
information
is already
incorporated
into
the Caseworker
data
system
and then
transported
into
JIS.
To minimize
the burden
on
intake
workers,
some
triggering
event
or criteria
needs
to
be developed
so that
intake does
not unnecessarily
spend
time
on securing
financial
assessment
forms
in
those
cases
that
will not
be filed.
It might
be that
once
the
livescan
is done
that
could
be the
event
that
triggers
intake's collection
of
additional
fi nancial
assessment
information.
Should
additional
procedures and
policies be formulated
I will
forward
the
same to
you.
Progress
in implementing
these
changes
will
be monitored
and
reported
to
you
as
well.
Please feel
free to contact
me should
you
need
additional
information.
Sincerely,
Lisa Gutierrez,
Judge
January
21,2015
The Honorable Veronica
Escobar, County Judge
County of
El Paso
Room 301, County Courthouse
Building
500 East San
Antonio
Street
El Paso, Texas 79901
Dear Judge
Escobar:
The Auditor's Office
response to Requirements
6 and 7
from the
Texas Indigent
Defense
Commission's
(TIDC)
assessment
report is
provided
for
your
review. Please
let us know
if
you
have any
questions
concerning
this matter.
Requirement 6:
Promulgate standard
attorney
fee schedule
and
payment
process.
No Payment shall
be made
until the
judge
approves
payment after submission
of the
attorney
fee voucher.
Req uirement
not satisfi
ed.
Recommendations
for Requirement
6: Promulgate
standard
attorney
fee schedule
and
payment
process.
Recommendation
9: Under
Article
26.05(c) all
payments for
indigent
defense services
must be
approved
by the
judge
presiding
over
the
proceedings.
El Paso
County
must
implement
procedures so
that any
differences
between
voucher
totals and
amounts
paid
to
attorneys
are
approved
by
thejudge
presiding over the
proceedings.
Response:
The El
Paso County
Auditor's Office
concurs
that
payments were
made
where the
amount
approved
by a
judge
for
payment was adjusted
by the
Auditor's
Office
in
instances
where
the submitted
voucher amount
deviated
from
the
existing
fee schedule,
previously approved
by
the Council
of Judges,
or
when
mathematical
errors
were identified
when calculating
the
total
voucher amount.
Historically,
the
Auditor's Office
has notified
the court
of a
voucher
deviation
and obtained
the Judges
approval
to
adjust
the
voucher
amount
by
returning
the voucher
to the
court
and
have the Judge
sign or
initial the
amended
voucher,
via e-mail
or through
a verbal
authorization
for
material deviations.
In instances
where the deviation
was
deemed
immaterial,
the Auditor's
Office
has amended
the voucher
without the
Judge's approval.
The
Auditor's
The Honorable Veronica
Escobar, County Judge
January 21,2015
Page2
Office also acknowledges
that in multiple instances
documentation reflecting
the
judges'
approval,
such as an e-mail,
on
adjusted
voucher amounts was
not included with
the voucher
payment
support. Adjustments
on vouchers identified by the monitor
where the
payment
amount
differed
from the amount
approved by the
judge
were
attributed to
changes in the fee schedule
approved
by the Council
of Judges at the inception
of
fiscal
year
2013.
Effective October l,
2012, the hourly rate for
attorney time
spent in court
was
increased
from
$65
to
$75
per
hour
and
the
hourly rate for out-of-court
services was increased from
$50
to
$60
per
hour.
During FY 13,
multiple
vouchers were
submitted
where
the dates
of service overlapped
between the different fee
schedules
in
effect for fiscal
years2012
and2013. In these instances,
vouchers were
submitted
exclusively under the
old or the new fee schedule. The Auditor's
Office
adjusted
the submitted
voucher
amount to reconcile the dates
of service against the
proper
fee
schedule.
The Auditor's
Office
will
ensure that documentation reflecting
the
judges'
approval
on adjusted
payment
amounts is
a component of the voucher
payment
support in the future. The Auditor's
Office will also
seek the
formal
approval from the Council
of Judges to allow the Auditor's
Office to adjust the
payment
amount on attorney voucher deviations, without a
judge's
approval,
solely in instances where the deviations are attributed
to
mathematical calculation
errors,
inconsistencies with the established fee
schedule
and the total
deviation amount
per voucher is
less
than a
$100.
This approval would then
become
a component
of
the El Paso
Criminal
District
and
County
Court
Schedule of
Fees.
The Auditor's Office
will
still be required to notif, the court
of
the
adjustment in these instances. The Auditor's
Office
has
a
written
Standard Operating
Procedures manual
that explains the
procedures in
place
to
process
attorney vouchers
for
payment.
The Auditor's Office will incorporate and follow the specific
procedures in
addressing
attorney voucher billing deviations into the existing Standard Operating
Procedures manual.
Requirement 7: Statutory data repor"ting.
Local Practices Compared to Statutorv Provisions
The County Auditor shall
prepare
and
send
to TIDC an annual
report
of
legal services
provided in the
county
to indigent defendants during the
fiscal
year
and an analysis of the amount
expended:
In
each district,
statutory county and appellant
court;
In cases
for which a
private
attorney
is
appointed
for an indigent defendant;
In
cases
for
which
a
public
defender is appointed
for an indigent defendant;
ln cases for which counsel
is appointed for an
indigent
juvenile;
and
For investigation expenses,
expert witness expenses,
or other
litigation expenses
Requirement not satisfied.
Recommendations
for Requirement
7:
Statutory
Data
Reporting.
Recommendation
l0: The auditor's
procedures
for repofting the
number of assigned
counsel
cases
paid
must be amended to accurately
reflect the
number
of cases
in which attorneys
were
paid.
The Honorable Veronica Escobar,
County Judge
January 21,2015
Page
3
EAD:VP:ya
Response: The Auditor's
office concurs
with
the
monitor's
assessment that the assigned counsel
case counts were inaccurate. Numerous attorney vouchers contained multiple
cases
per
voucher.
The total number of cases
on
these vouchers was recorded,
but there was no check against
reporting
duplicate cases repofted on
other
vouchers. The Auditor's
Office has amended their
procedures
to accurately reflect the number
ofassigned counsel cases
paid.
Each and every case
number is now recorded
in the Auditor's Office indigent defense
expenditure
worksheet
and
reconciled
against the criminal
justice
information
system
(Odyssey)
to ensure that assigned
counsel cases are
reported
accurately and do not include investigative and
expert
witness
cases.
The FY 13 expenditure report has
been amended and
provided
to TIDC and the
submitted
FY 14
report also reflects the
amended case count
procedures.
Recommendation Il: Public Defender
personnel
expenses must be
properly
categorized on the
IDER.
Response: Personnel expenditures for
the
Public Defender's
Office are reported under the
following categories: Attorney, Investigator,
Mitigation Specialist, Mental Health Professionals
and Administrative
Support. Social worker salaries were inaccurately reported under
"Administrative
Support" instead of their
proper
category "Mental Health Professionals". The
Public
Defender's Office and the County Auditor's Office have established
procedures
to
identifu
and report all
personnel
under each appropriate category. The FY 14 expenditure
report
accurately reports the
personnel
expenditures under the appropriate categories.
If
you
need further information
in
this regard,
please
let me know.
Very truly
yours,
Edward
A. Dion
County Auditor