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A new grant could help the county improve its indigent criminal defense services.
In 2001, Texas passed the Fair Defense Act, which established uniform standards for criminal courts to adopt formal procedures for providing court-appointed attorneys to indigent defendants in a timely manner. Hays County is requesting a grant that will create a position that will ensure the county complies with the Fair Defense Act, according to the grant program application.
If approved, the grant will provide the county with funding for an Indigent Defense Coordinator program, which would establish the position of indigent defense coordinator. On Tuesday, the Hays County Commissioners court gave the program the OK by voting to execute a resolution and submit the grant application.
According to Precinct 3 Commissioner Lon Shell, the position and grant application went through the Criminal Justice Coordinating Commission and had a consensus recommendation.
“Two of the main issues I’ve continued to hear from folks is that you know defendants who qualify — do they have access to representation?” Precinct 1 Commissioner Debbie Ingalsbe said. “And then secondly — if they do qualify, are they receiving representation in a timely manner? And this person will ensure that those two things happen.”
County Court-at-Law Judge Tacie Zelhart said the program has received support from all of the judges in the county, and said that the position will monitor attorneys to ensure that they are contacting their assigned clients. Additionally, she said the position will track inmates in other counties who may need a court-appointed attorney.
“If someone says ‘oh we’ll hire an attorney and they don’t,’ they’ll give them an application so we can get them an attorney appointed if things didn’t work out as that inmate had planned,” Zelhart said.
Along with tracking inmates who have been outsourced to other counties, the position will ensure that attorneys are notified should their client require special accommodations.
“The other thing that really interests me, judge, is that, you know we will ensure that the appropriate court and defense attorneys are notified if there’s any special needs such as mental health or a language barrier and so we’ll make sure that we address those issues also through this position,” Ingalsbe said.
Shell said that the issue of an inmate denying a court-appointed attorney at first and then getting moved to another jail is extremely important.
“I believe that this position will help solve some of those problems when that individual does decide — if they qualify — that they would like the court-appointed attorney, I believe that this position can make sure that happens very quickly and that attorney then understand that they have a client and need to go visit them,” Shell said.
Becerra expressed his gratitude to those who worked to move the grant application forward.
“Well I’m glad that we’re continuing to stay persistent on this representation on things that we have been longing for as a county,” Judge Ruben Becerra said. “And I’m glad we’re staying on it and it’s working out.”
The grant application is for $73,638.40, with a county match of $18,409.60. The Texas Indigent Defense Commission will consider the grant application at its Aug. 29 meeting.
