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County considers accepting TIDC grant

Tuesday, February 18, 2020

Hays County will consider accepting a grant from the Texas Indigent Defense Commission during Tuesday’s commissioner’s court meeting for a counsel at first appearance randomized control trial.

The Hays County Commissioner’s Court unanimously voted on Nov. 19, 2019 to submit a letter of support to the Texas A&M University, Public Policy Research Institute for the randomized control trial, which will study the potential benefits of having counsel at first appearance. A&M’s Public Policy Research Institute has partnered with Harvard University and was looking for counties to participate in the trial study, According to Precinct 3 Commissioner Lon Shell during Nov. 19’s meeting. 

The county voted on Nov. 27, 2019 to submit a grant application to the TIDC for the controlled trial. The TIDC granted Hays County $136,500. The funds granted will be used to compensate defense attorneys that will be in attendance at the “first appearance” — the bail hearing of a defendant in front of a judge or magistrate, according to the agenda.

The study will address five issues, according to the agenda item: “Does counsel at first appearance have an impact on bail and pretrial release conditions decisions? For those who are released pre-trial, do defendants with counsel at first appearance exhibit lower (Failure to Appear) rates than those without such representation? Does council at first appearance impact case disposition, sentencing, or pre- or post-trial recidivism? Does counsel at first appearance have an effect on arrestees’ attitudes toward the legal system? What is the cost-benefit ratio for jurisdiction interested in piloting this program?”

According to the agenda, counsel is currently not present when a defendant appears in front of a judge or magistrate for the first time. 

The trial will take place from March. 1, 2020 - Feb. 29, 2021.

In other business, the court will consider action to authorize the District Attorney to utilize salary savings to restructure attorney positions with the felony division. 

According to the commissioner’s court agenda, “the Attorney IV Felony Chief position has become obsolete due to procedural changes within the district courts. As result, the DA would  would like to restructure the Felony Division by replacing the vacant Attorney IV, slot 0785-001position with an Attorney I, and utilize the salary difference to create Felony Court Chiefs for the five district courts effective (March 1).”

The court will also consider taking action to award request for proposals to RM Quality Construction LLC, James W. Turner Construction, Ltd. and Brizo Construction LLC. These contractors will “perform rehabilitation, reconstruction, and new construction of single family residential structures in compliance with local, Federal, and State statutory requirements for grants under the United States Department of Housing and Urban Development (“HUD”) Community Development Block Grant Disaster Recovery (“CDBG-DR”) program for the 2015 Texas flood events,” according to the agenda.” 

Tuesday’s meeting begins at 9 a.m. inside the Hays County Courthouse. 

San Marcos Record

(512) 392-2458
P.O. Box 1109, San Marcos, TX 78666