.png)
Twenty-six counties will benefit from Hays County’s decision to pilot a program that provides legal assistance to criminal defense attorneys for certain cases involving non-citizens.
The Hays County Commissioners Court voted unanimously Tuesday morning to execute an agreement with myPadilla, or FJC: A Foundation of Philanthropic Funds, a nonprofit that will provide remote consultation services to all the counties within the 3rd Administrative Judicial Region, excluding Travis County.
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.
Through the new program, which was funded through a grant awarded to Hays County by the Texas Indigent Defense Commission, defense attorneys will be able to remotely consult an attorney who is knowledgeable about Padilla obligation. 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.
Wimmer said the execution of a contract with myPadilla is the last step in the implementation of the regional Padilla compliance program.
“If this contract goes through we’re ready to hit the ground running with the training scheduled on Nov. 14 for defense attorneys here in Hays County,” Wimmer said.
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.
In other business, Commissioners authorized the County Judge to execute an Interlocal Cooperation Agreement between the City of San Marcos, City of Kyle, City of Buda and Hays County relating to the management and operation of the San Marcos Regional Animal Shelter.
“We’ve been working on this for quite some time now with our partners the city of San Marcos, Kyle and Buda,” Pct. 1 Commissioner Debbie Ingalsbe said. “And this just lays out everyone’s responsibilities and our responsibilities regarding the ... animal shelter.”
Pct. 3 Commissioner Lon Shell said this the beginning of the County’s no-kill efforts.
“We’ll have some items coming to court probably over the next few months addressing those and this kind of starts us with what I would call ‘year zero’ of that plan, gets us in the right direction,” Shell said. “So it is moving along, and I’m happy to say that I think everybody’s participating and I look forward to moving forward in the future.”
Additionally, Commissioners voted to authorize the Parks Department to utilize budgeted funds in the amount of $32,285.60 for the repair of a historic weir located within Jacob’s Well.
According to the agenda item, “the weir is approximately 70 years old and is responsible for regulating water flow around the Well. The weir is currently eroding away in several places and pieces of rebar are breaking through the concrete. If left as is, there is a possibility that the weir may completely wash away in the event of a large rain or flooding event.”
