Public Defender |

The Texas Indigent Defense Commission (TIDC) was appropriated an estimated $79 million for the 2014–15 biennium. Estimated appropriation authority enables TIDC to spend all available amounts in the Fair Defense Account during the 2014–15 biennium.

State revenue sources to support indigent defense are deposited into the General Revenue-Dedicated Fair Defense Account. Revenue sources include a combination of court costs, surety bond fees, and state bar membership fees.

Problems:

Roughly 32 states provide more than 50% of the cost for providing public defenders, the state of Texas only provides 12% of funding

Only 12 states provide work load limits for public defenders

The Texas Fair Defense Act was signed in 2001, it wasn’t until 2010 that a Harris County Public Defender’s office was created

Solutions:

Although the Texas constitution (26.04 J) requires that attorney’s make every “reasonable” effort to contact the defendant not later than the end of the first working day after the date on which the attorney is appointed, we also recommend:
- All clients must be appointed a public defender within 48 hours of the arrest
- Attorney must interview clients within 5 business days of being appointed

The Texas legislature should adopt compensation standards

Give clients the ability to choose their public defenders

Maintain that the State Bar fee be used to fund indigent defense services and increase the fee from $65 to $200 and tie it to inflation

Require city jails to give inmates coats if they’re released during winter

How to Finance Public Defense?

Strengthen the solvency of the crime victims compensation fund

Tie sales tax for alcohol, cigarettes and related items to inflation to properly fund indigent defense

Local government is permitted per the state constitution to decriminalize marijuana. This will enable counties to save taxpayers money on non-violent offenders

Reform or ban capital appreciation bonds in the state of Texas

Close corporate loopholes in the state sales tax

Reallocate some of the $800 million wasted on border security

Repeal the Texas sales tax holiday

Reform the Rainy Day Fund

Replace the franchise tax with a simpler Corporate Income Tax

Create a state public bank to finance no fee, low interest loans to counties to expand public defender programs

Texas Constitution
Code – Government
Chapter – 79 Texas Indigent Defense Commission
Chapter – 81 State Bar
Section – 81.054 Membership Fees and Additional Fees

Code – Code of Criminal Procedure
Chapter – 26 Arraignment
Section – 26.04 Procedures for Appointing Counsel

CATO Institute – Reforming Indigent Defense: How Free Market Principles Can Help to Fix a Broken System

County Leaders Push State Leaders to Increase Indigent Funding

Think Progress – Missouri’s Top Public Defender Sends Fiery Letter To Governor, Assigns Him A Case

Mother Jones – These Public Defenders Actually Want to Get Sued

Mother Jones – Charts: Why You’re in Deep Trouble If You Can’t Afford a Lawyer

The Atlantic – Louisiana refuses to budget for public defenders

The Atlantic – How Much Does a Public Defender Need to Know About a Client?

The Atlantic – A Governor Ordered to Serve as a Public Defender

Texas Observer – Houston Attorney Crusading Against ‘Unconstitutional’ Court Fees

Texas Observer – Study Shows Why Houston’s Public Defender Program is Worth the Cost

Texas Observer – In Harris County, the defense system works great for everyone but the indigent