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Hays County will pilot a program that will provide legal assistance to criminal defense attorneys to help fulfill their Padilla obligation.
On Tuesday morning, the Hays County Commissioners Court formally accepted a $342,720 grant from the Texas Indigent Defense Commission (TIDC) for the Regional Padilla Compliance Pilot Project. The pilot program will provide technical support to criminal defense attorneys in Hays County and the 3rd Administrative Judicial Region “for constitutionally required Padilla assistance.”
Criminal defense attorneys, under the Supreme Court case Padilla v. Kentucky, are required to advise their non-citizen clients about the immigration consequences of pleas, such as the possibility of deportation. However, the Padilla obligation is difficult to meet for most defense attorneys without a dedicated resource or attorney versed in immigration law.
According to the grant application, about 108 indigent defendants in Hays County were entitled to a Padilla consultation in 2018, totaling 5-6% of criminal cases.
Through the new program, defense attorneys will be able to remotely consult an attorney who is knowledgeable about Padilla obligation through the non profit myPadilla. Julie Wimmer, Attorney and Founder of myPadilla, said during a presentation to the commissioners court on July 30 that in turn, defense attorneys will be able to advise their clients about the immigration consequences of a conviction.
“Defense attorneys submit a request for case assistance for technical assistance and then I, or an immigration attorney working with me, responds to that case inquiry with detailed advice that they can then use in representing their client and meeting their Padilla obligation,” she said during the July meeting.
The grant will compensate remote Padilla attorneys for their services, malpractice and related insurance, training and outreach for defense attorneys in participating counties, software maintenance as well as overhead and admin costs for Hays County.
“At an hourly rate of $150, this grant will help facilitate Padilla consultations in nearly 1,000 cases,” states the grant application.
The program will be the first of its kind outside of urban areas, said Wesley Shackelford, deputy director of the Texas Indigent Defense Commission during the July meeting.
“At this point in the state of Texas, only a handful of the biggest cities have the number of cases within their jurisdiction to hire attorneys who are experts in this area and provide the services,” he said.
“As part of the criminal justice reform program that we’ve got going on it’s really, this is something that has been lacking,” Pct. 1 Commissioners Debbie Ingalsbe said. “And I hope that defense attorneys will embrace this because its going to provide them the expert assistance that they need to represent their defendants.”
In other business, the Commissioners Court adopted a proclamation declaring September 2019 as Suicide Prevention Awareness Month.
The proclamation encourages “all residents to take the time to inquire as to the wellbeing of their family, friends, and neighbors over the next few days and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. A simple phone call, message, handshake, or hug can go a long way towards helping someone realize that suicide is not the answer and that help is available.”
Likewise, the court voted to authorize an interlocal agreement with Travis County for a grant award for the Sheriff's Combined Auto Theft Task Force (SCATTF). According to the agenda item, the task force aims to “help reduce auto theft and auto burglary.”
Commissioners voted to execute a resolution that certifies county approval of a $13,000 grant to Combined Community Action (CCA) for the upcoming fiscal year. According to the agenda item request, CCA provides “home delivered meals to homebound persons in the county that are elderly or have a disability.”
