SUPPLEMENT TO INTERIM PLAN OF THE 81^st AND 218^th DISTRICT COURTS RELATING TO THE APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS UNDER THE TEXAS FAIR DEFENSE ACT.

Non-Capital Cases In District Court

Appellate Services:

Felony convictions and juvenile adjudications, $50 per hour, with a cap of $2,500.

Preindictment Services:

Jail visit to Defendant when counsel is appointed preindictment. $50.

Trial Services:

For trial services, counsel may elect to be compensated on a fixed or flat fee. The fixed or flat fee for all felonies, including motions to revoke probation, is:

MTR/MTA $400
State Jail $400
3^rd Deg. $500
2^nd Deg. $600
1^st Deg. $700

Additional felony cases, not counts, where the defendant has been indicted, or counsel has been appointed pre-indictment, an additional $200.

When a defendant’s indigent defense form notes that the Defendant does not speak English, and bilingual counsel has been appointed, an additional $75. (This will not affect the requirement of an independent interpreter for a plea or trial.)

In a case with extensive contested trial services, counsel may elect to be compensated on an hourly basis. The hourly rate for all felonies and juvenile adjudications and dispositions, is $75 per hour in court, and $50 per hour out of court.

“Contested trial services” means time reasonably spent preparing for, and participating in, contested hearings, and/or on a trial on the merits. It does not include speaking with anyone, except when preparing for an evidentiary hearing. It does not include appearing in court, except for time spent in contested hearings, and/or a trial on the merits. It does not include entering an uncontested plea. Everything except contested trial services is subsumed within the fixed fee.

Capital Cases

Unless disqualified, the Regional Public Defender for Capital Cases will represent all defendants in capital cases where the State has not waived the death penalty. If the State does waive the death penalty, the rates for non-capital cases apply.

The following rates apply in cases where the Regional Public Defender for Capital Cases is unable to represent a defendant and the State has not waived the death penalty.

Trial Services:

First chair $100 per hour in court, and $80 per hour out of court. Second chair $95 per hour in court, and $75 per hour out of court.

Appellate Services:

$100 per hour with a cap of $25,000.

The court may make an exception to the above definition of contested trial services, upon a showing that to not do so would be manifestly unfair in a given case.

County Court/Court At Law

The fee schedule for the County Court/Court at Law is:

Atascosa

Fixed Fee: $300
In Court: Same as District Court
Out of Court: Same as District Court

Frio

Fixed Fee: $100

Karnes

Fixed Fee: $400

LaSalle

Fixed Fee: $300

Wilson

Fixed Fee: $300
In Court: $50 per hour
Out of Court: $40 per hour

This supplement is effective as of December 20, 2019. All other terms of the indigent defense plan, made effective November 1, 2019, remain unchanged.