reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.106 - Grant Funding Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission or
				  its designees will make decisions on applications for funding through the use
				  of objective tools and comparative analysis. The Commission or its designees
				  will first determine whether the applicant is eligible for funds in accordance
				  with §
										173.101 of this chapter (relating
				  to Applicability) and §
										173.201 of this chapter (relating
				  to Eligibility).
(b) All funding
				  decisions rest completely within the discretionary authority of the Commission
				  or its designees. The receipt of an application for funding does not obligate
				  the Commission to award funding, and the Commission may make grant awards that
				  partially fund budget items or programmatic elements in grant
				  applications.
(c) Making a grant
				  award based on an application does not obligate the Commission to give any
				  subsequent applications priority consideration or to obligate the Commission to
				  make any additional, supplemental, continuing, or other award.
(d) Commission decisions regarding funding
				  are subject to the availability of funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.107 - Improvement Grant Acceptance

Current through Reg. 49, No. 28; July 12, 2024
The Statement of Grant Award constitutes obligation of
					 funds for use by the grantee in execution of the program or project covered by
					 the award. Each applicant must accept or reject an improvement grant award
					 within 30 days of the date upon which the Commission issues a Statement of
					 Grant Award. The executive director of the Commission or his designee may alter
					 this deadline upon request from the applicant. The authorized official
					 designated under §
										173.301 of this chapter (relating
					 to Grant Officials) must formally accept the grant in writing before the
					 grantee may receive any improvement grant funds. Funds shall not be disbursed
					 until acceptance of the grant by the grantee's authorized
					 official.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.108 - Adoptions by Reference

Current through Reg. 49, No. 28; July 12, 2024
(a) Grantees must
				  comply with all applicable state statutes, rules, regulations, and
				  guidelines.
(b) The Commission
				  adopts by reference the rules, documents, and forms listed below that relate to
				  the administration of grants:
(1) Texas Grant
				  Management Standards (TxGMS) adopted pursuant to the Uniform Grant and Contract
				  Management Act, Chapter
				  783, Texas Government
				  Code.
(2) The Commission forms,
				  including the statement of grant award, grant adjustment notice, grantee's
				  progress report, financial expenditure report, and property inventory report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter A - GENERAL FUNDING PROGRAM PROVISIONS › Section 173.109 - Use of the Internet

Current through Reg. 49, No. 28; July 12, 2024
The Commission may require submission of applications for
					 grants, progress reports, financial reports, and other information via the
					 internet. Completion and submission of a progress report or financial report
					 via the internet meets the relevant requirements contained within this chapter
					 for submitting reports in writing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter B - ELIGIBILITY AND FUNDING REQUIREMENTS › Section 173.201 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may
				  award grants to counties and other eligible entities enumerated in section
				  79.037, Government
				  Code, that have complied with standards developed by the Commission and that
				  have demonstrated commitment to compliance with the requirements of state law
				  relating to indigent defense. Grants to non-county eligible entities will only
				  be awarded for the purpose of supporting or improving indigent defense services
				  in Texas counties.
(b) A county may
				  not reduce the total amount of funds expended for indigent defense services in
				  the county because of funds provided by the Commission.
(c) Entities eligible to apply for and
				  receive grant funding from the Commission enumerated in section
				  79.037, Government
				  Code that are not state agencies or local governments must provide the
				  following items to the Commission in order to have a grant application
				  considered for funding:
(1) The entity's
				  articles of incorporation and bylaws;
(2) The list of officers and members of the
				  entity's board of directors;
(3)
				  Documentation of the organization's recognized nonprofit status, as applicable,
				  including determination letters from the United States Internal Revenue
				  Service; and
(4) Most recent single
				  audit report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter B - ELIGIBILITY AND FUNDING REQUIREMENTS › Section 173.202 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
Grants provided under this chapter may be used by counties
					 for:
(1) Attorney fees for indigent
				  defendants accused of crimes or juvenile offenses;
(2) Expenses for licensed investigators,
				  experts, forensic specialists, or mental health experts working for the defense
				  under derivative attorney-client privilege to assist in the criminal defense of
				  indigent defendants;
(3) Other
				  direct litigation costs related to the criminal defense of indigent defendants;
				  and
(4) Other approved expenses
				  allowed by the Request for Applications necessary for the operation of a funded
				  program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter B - ELIGIBILITY AND FUNDING REQUIREMENTS › Section 173.203 - Expenditure Categories

Current through Reg. 49, No. 28; July 12, 2024
(a) Allowable
				  expenditure categories and any necessary definitions will be provided to the
				  applicant as part of the application process.
(b) Expenditures may be allocated to the
				  grant in accordance with the Texas Grant Management Standards.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter B - ELIGIBILITY AND FUNDING REQUIREMENTS › Section 173.204 - Program Income

Current through Reg. 49, No. 28; July 12, 2024
(a) Rules governing the
				  use of program income are included in the provisions of the TxGMS-adopted by
				  reference in §
										173.108 of this chapter (relating
				  to Adoptions by Reference).
(b)
				  Grantees must use program income to supplement program costs or reduce program
				  costs. Program income may only be used for allowable program costs. Grantees
				  may not carry forward program income from one grant year to the next.
(c) Improvement grant reimbursements will be
				  calculated based on net program expenditures after any program income has been
				  applied.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter B - ELIGIBILITY AND FUNDING REQUIREMENTS › Section 173.205 - Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) Decisions by the
				  Commission or its designees regarding requests to purchase equipment using
				  Commission funds will be made based on the availability of funds, whether the
				  grantee has demonstrated that the requested equipment is necessary and
				  essential to the successful operation of the funded program, and whether the
				  equipment is reasonable in cost.
(b) For grantees that receive a multi-year
				  grant, the Commission will only fund equipment and other one-time start-up
				  costs during the first year unless permission is granted in writing. Otherwise,
				  equipment and other one-time costs will not factor in to the overall project
				  costs after the first year of the grant.
(c) The Commission requires each grantee to
				  maintain an inventory report of all equipment purchased with Commission funds.
				  This report must comport with the final financial expenditure report. At least
				  once each year during the award period, each grantee must complete a physical
				  inventory of all property purchased with Commission funds and the grantee must
				  reconcile the results with the purchased property records. For single-year
				  awards, the inventory and reconciliation must be made at the end of the award
				  period and submitted with the final report.
(d) Equipment purchased with Commission funds
				  must be labeled and handled in accordance with the grantee's property
				  management policies and procedures.
(e) Unless otherwise provided, equipment
				  purchased is the property of the grantee after the end of the award period or
				  termination of the operation of the funded program, whichever occurs
				  last.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.301 - Grant Officials

Current through Reg. 49, No. 28; July 12, 2024
(a) Each grant must
				  have the following designated to serve as grant officials:
(1) Financial officer. For grants to
				  counties, this person must be the county auditor or county treasurer if the
				  county does not have a county auditor. The Financial Officer should have
				  knowledge of and access to the entity's financial records and processes. For
				  grants to other eligible entities, the financial officer must be designated by
				  the applicant in the grant resolution provided pursuant to §
											173.104 of this chapter (relating
				  to Grant Resolutions).
(2)
				  Authorized official. This person must be authorized by the county commissioners
				  court or the board of directors of the eligible entity to apply for, accept,
				  decline, modify, or cancel the grant for the applicant. A county judge or a
				  designee authorized by the governing body in its resolution may serve as the
				  authorized official. For grants to non-county eligible entities, the authorized
				  official will be designated by the applicant and authorized by the applicant's
				  governing body to bind the organization to third-party contracts.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.302 - Obligating Funds

Current through Reg. 49, No. 28; July 12, 2024
The grantee may not obligate grant funds before the
					 beginning or after the end of the grant period specified in an original grant
					 award or a subsequent grant adjustment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.303 - Retention of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Grantees must
				  maintain all financial records, supporting documents, statistical records, and
				  all other records pertinent to the award for at least three years following the
				  closure of the most recent audit report or submission of the final expenditure
				  report. Records retention is required for the purposes of state examination and
				  audit. Grantees may retain records in an electronic format. All records are
				  subject to audit or monitoring during the entire retention period.
(b) Grantees must retain records for
				  equipment, non-expendable personal property, and real property for a period of
				  three years from the date of the item's disposition, replacement, or
				  transfer.
(c) If any litigation,
				  claim, or audit is started before the expiration of the three-year records
				  retention period, the grantee must retain the records under review until the
				  resolution of all litigation, claims, or audit findings.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.304 - Expenditure Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Recipients of
				  grants must submit program expenditure reports to the Commission in addition to
				  the annual expenditure report required for all counties under Texas Government
				  Code §
										79.036(e).
(b) The Commission will provide the
				  appropriate forms and instructions for expenditure reports and deadlines for
				  their submission. The financial officer shall be responsible for submitting the
				  expenditure reports.
(c) Grantees
				  must ensure that actual expenditures are comprehensively documented.
				  Documentation may include, but is not limited to, ledgers, purchase orders,
				  travel records, time sheets, earnings statements, bank statements, credit card
				  statements, other payroll documentation, invoices, receipts, contracts, mileage
				  records or maps, and other documentation that verifies the expenditure amount,
				  allowability, and appropriateness to the funded program. Expenditure
				  documentation must be provided to the Commission upon request.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.305 - Provision of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) After a grant has
				  been awarded, and if there are no deficiencies or special conditions that
				  result in withholding of grant funds according to §173.307 or
				  §173.401, the Commission may disburse funds to the grantee. Funds will be
				  disbursed to the grantee quarterly unless specific permission for an
				  alternative disbursement schedule is granted in writing from the executive
				  director.
(b) Disbursement of funds
				  is always subject to the availability of funds.
(c) Improvement grant funds will be paid on a
				  reimbursement basis only after the expenditure report has been submitted. Funds
				  must be expended, not merely obligated, before being included in the grant
				  program expenditure report. Requests for exceptions to this section must be in
				  writing and signed by the authorized official and may be approved by the
				  executive director for good cause.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.306 - Improvement Grant Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a) The authorized
				  official must sign all requests for grant adjustments.
(b) Budget Adjustments. Grant adjustments
				  consisting of reallocations of funds among or within budget categories in
				  excess of $10,000 or ten percent of the original grant award, whichever is
				  less, are considered budget adjustments, and are allowable only with prior
				  approval of the executive director of the Commission. Grantees must notify the
				  Commission in writing of reallocations of funds among or within budget
				  categories below this threshold. If a reallocation of funds among or within
				  budget categories results in the cumulative amount of budget changes within the
				  same fiscal year reaching $10,000 or 10% of the original grant award, whichever
				  is less, the adjustment is allowable only with the prior approval of the
				  executive director of the Commission.
(c) Non-Budget Grant Adjustments. The
				  following rules apply to other grant adjustments:
(1) Requests to revise the scope, target, or
				  staffing of the project, or substantively alter project activities require
				  advance written approval from the Commission.
(2) The grantee shall notify the Commission
				  in writing of any change in the designated program director, financial officer,
				  or authorized official within ten days following the change.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.307 - Remedies for Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
(a) If a grantee fails
				  to comply with any term or condition of a grant, rules, or any applicable
				  statutes, the Commission may take one or more of the following actions:
(1) disallow all or part of the cost of the
				  activity or action that is not in compliance and seek a return of the
				  funds;
(2) impose administrative
				  sanctions, other than fines, on the grantee;
(3) temporarily withhold grant payments
				  pending correction of the deficiency by the grantee;
(4) withhold future grant payments from the
				  program or grantee; or
(5)
				  terminate the grant in whole or in part.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.308 - Term of Grant

Current through Reg. 49, No. 28; July 12, 2024
(a) The term of a grant
				  shall be specified in the Statement of Grant Award or other funding
				  document.
(b) If a grantee wishes
				  to terminate a grant in whole or in part before the end of the award period,
				  the grantee must notify the Commission in writing. The Commission or its
				  designee will arrange with the grantee an early termination of the award, which
				  may include transfer or disposal of property and return of unused
				  funds.
(c) The Commission may
				  terminate any grant, in whole or in part, when:
(1) the grantee and the executive director of
				  the Commission agree to do so;
(2)
				  the grantee fails to comply with any term, condition, statute, rule,
				  regulation, or guideline;
(3)
				  indigent defense funds are no longer available;
(4) operational conditions exist that make it
				  unlikely that grant or program objectives will be accomplished; or
(5) The grantee has acted in bad
				  faith.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.309 - Violations of Laws

Current through Reg. 49, No. 28; July 12, 2024
If the grantee has a reasonable belief that a criminal
					 violation may have occurred in connection with Fair Defense Account funds,
					 including the misappropriation of funds, fraud, theft, embezzlement, forgery,
					 or any other serious irregularities indicating noncompliance with the
					 requirements of a grant, the grantee must immediately notify the Commission in
					 writing of the suspected violation or irregularity. The grantee may also notify
					 the local prosecutor's office of any possible criminal violations. Grantees
					 whose programs or personnel become involved in any litigation arising from the
					 grant, whether civil or criminal, must immediately notify the Commission and
					 forward a copy of any demand notices, lawsuits, or indictments to the
					 Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.310 - Progress Reports for Improvement Grants

Current through Reg. 49, No. 28; July 12, 2024
Each grantee must submit reports regarding performance and
					 progress towards goals and objectives in accordance with the instructions
					 provided by the Commission or its designee. To remain eligible for funding, the
					 grantee must be able to show the scope of services provided and the impact and
					 quality of those services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter C - ADMINISTERING GRANTS › Section 173.311 - Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
Grantees that use grant funds to contract for services must
					 develop and include in the contract provisions to monitor each contract that is
					 for more than $10,000 per year. These provisions must include specific actions
					 to be taken if the grantee discovers that the contractor's performance does not
					 meet the operational or performance terms of the contract. In the case of
					 contracts for public defender offices and managed assigned counsel programs,
					 these provisions must include a review of utilization and activity, reporting
					 of financial data to evaluate the contractor's performance within the budget
					 required by statute for such programs. Commission staff must review each
					 contract at least once every two years and notify the grantee if it is not
					 sufficient.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter D - MONITORING AND AUDITS › Section 173.401 - Fiscal Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission or
				  its designees will monitor the activities of grantees as necessary to ensure
				  that Commission grant funds are used for authorized purposes in compliance with
				  laws, regulations, and the provisions of grant agreements.
(b) The monitoring program may consist of
				  formal audits, monitoring reviews, and technical assistance. The Commission or
				  its designees may implement monitoring through on-site review at the grantee
				  location or through a desk review based on grantee reports. In addition, the
				  Commission or its designees may require grantees to submit relevant information
				  to the Commission to support any monitoring review. The Commission may contract
				  with an outside provider to conduct the monitoring.
(c) Grantees must make available to the
				  Commission or its designees all requested records relevant to a monitoring
				  review. The Commission or its designees may make unannounced monitoring visits
				  at any time. Failure to provide adequate documentation upon request may result
				  in disallowed costs or other remedies for noncompliance as detailed under
				  §
										173.307 of this chapter (relating
				  to Remedies for Noncompliance).
(d)
				  After a monitoring review, the fiscal monitor shall issue a report to the
				  authorized official and financial officer as soon as is practicable, but no
				  later than 90 days following the final submission of requested county financial
				  data, unless a documented exception is provided by the executive director. The
				  report shall contain each finding of noncompliance.
(e) Within 60 days of the date the report is
				  issued, the authorized official or financial officer shall respond in writing
				  to each finding of non-compliance and shall describe the proposed corrective
				  action to be taken by the grantee. The grantee may request the executive
				  director to grant an extension of up to 60 days.
(f) The corrective action plan will include
				  the:
(1) titles of the persons responsible for
				  implementing the corrective action plan;
(2) corrective action to be taken;
				  and
(3) anticipated completion
				  date.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 173 - INDIGENT DEFENSE GRANTS › Subchapter D - MONITORING AND AUDITS › Section 173.402 - Audits Not Performed by the Texas Indigent Defense Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Grantees must
				  submit to the Commission copies of the results of any single audit conducted in
				  accordance with the single audit standards in the Texas Grant Management
				  Standards. Grantees must ensure that single audit results, including the
				  grantee's response and corrective action plan, if applicable, are submitted to
				  the Commission within 30 days after grantee receipt of the audit results or
				  nine months after the end of the audit period, whichever is earlier.
(b) All other audits performed by auditors
				  independent of the Commission must be maintained at the grantee's
				  administrative offices pursuant to §
										173.303 of this chapter (relating
				  to Retention of Records) and be made available upon request by the Commission
				  or its representatives. Grantees must notify the Commission of any audit
				  results that may adversely impact the Commission grant funds.
(c) Nothing in this section should be
				  construed so as to require a special or program-specific audit of a grantee's
				  Indigent Defense grant program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter A - MINIMUM CONTINUING LEGAL EDUCATION REQUIREMENTS › Section 174.1 - Appointment in Criminal Cases

Current through Reg. 49, No. 28; July 12, 2024
An Attorney who meets the requirements of this rule may be
					 appointed to represent an indigent person arrested for or charged with a crime,
					 if the attorney is otherwise eligible under the procedures developed under
					 Article
					 RSA
					 26.04, Code of Criminal Procedure. Crime has
					 the meaning assigned by §173.102(3) . An attorney may be appointed under
					 this rule only if an attorney:
(1)
				  Completes a minimum of six hours of continuing legal education pertaining to
				  criminal law during each 12-month reporting period. The judges of criminal
				  courts of the county shall set the 12-month reporting period applicable to the
				  jurisdiction. Continuing legal education may include activities accredited
				  under Section 4, Article XII, State Bar Rules, self-study, teaching at an
				  accredited continuing legal education activity, attendance at a law school
				  class or legal research-based writing. The judges may require attorneys to
				  complete more than the minimum number of hours of continuing legal education in
				  criminal law in the procedures developed under Article
				  RSA
				  26.04, Code of Criminal Procedure;
				  or
(2) Is currently certified in
				  criminal law by the Texas Board of Legal Specialization.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter A - MINIMUM CONTINUING LEGAL EDUCATION REQUIREMENTS › Section 174.2 - Appointment in Juvenile Cases

Current through Reg. 49, No. 28; July 12, 2024
An attorney who meets the requirements of this rule may be
					 appointed to represent an indigent juvenile detained for or accused of engaging
					 in delinquent conduct or conduct indicating a need for supervision, if the
					 attorney is otherwise eligible under the plan developed under Section
					 RSA
					 51.101, Family Code. An attorney may be
					 appointed under this rule only if an attorney:
(1) Completes a minimum of six hours of
				  continuing legal education pertaining to juvenile law during each 12-month
				  reporting period. The juvenile board shall set the 12-month reporting period
				  applicable to the jurisdiction. Continuing legal education may include
				  activities accredited under Section 4, Article XII, State Bar Rules,
				  self-study, teaching at an accredited continuing legal education activity,
				  attendance at a law school class or legal research-based writing. A juvenile
				  board may require an attorney to complete more than the minimum number of hours
				  of continuing legal education in juvenile law in the plan developed under
				  Section
				  RSA
				  51.101, Family Code; or
(2) Is currently certified in juvenile law by
				  the Texas Board of Legal Specialization.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter A - MINIMUM CONTINUING LEGAL EDUCATION REQUIREMENTS › Section 174.3 - Reporting Period

Current through Reg. 49, No. 28; July 12, 2024
(a) Continuing legal
				  education activity completed within a one-year period immediately preceding an
				  attorney's initial reporting period may be used to meet the educational
				  requirement for the initial year.
(b) Continuing legal education activity
				  completed during any reporting period in excess of the minimum six-hour
				  requirement for such period may be applied to the following period's
				  requirement. The carryover provision applies to one year only.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter A - MINIMUM CONTINUING LEGAL EDUCATION REQUIREMENTS › Section 174.4 - Emergency Appointment

Current through Reg. 49, No. 28; July 12, 2024
If no attorney who meets the continuing legal education or
					 board certification requirements contained in this subchapter is available by
					 the time an attorney must be appointed in the case, another attorney may be
					 appointed. The person making an appointment under this section shall give
					 priority to an attorney with experience in criminal or juvenile law,
					 respectively.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 1 - DEFINITIONS › Section 174.10 - Subchapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this
						subchapter shall have the following meanings, unless the context clearly
						indicates otherwise.
(1) Appointing
					 Authority. The appointing authority is the:
(A) Judge or judges who have authority to
					 establish an indigent defense plan and approve attorneys to represent indigent
					 defendants in criminal cases under Article
					 RSA
					 26.04, Code of Criminal Procedure;
					 and/or
(B) Juvenile board that has
					 authority to establish an indigent defense plan and approve attorneys to
					 represent indigent respondents in juvenile cases under §
												RSA
					 51.102, Family Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 2 - APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES › Section 174.11 - Application of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This Subchapter applies to all contract defender programs
						in which legal representation is provided for a period of more than one week.
						Contract defender programs for terms of one week or less are governed by the
						alternative appointment programs provisions in Article 26.04(g) - (h) and
						subject to §174.28(c)(5) related to the distribution of appointments in
						assigned counsel systems. This subchapter does not apply to public defender or
						managed assigned counsel programs established and governed by Chapter 26, Code
						of Criminal Procedure.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 2 - APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES › Section 174.12 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
The appointing authority shall solicit and select
						contractors in accordance with the procedure governing alternative appointment
						programs contained in Article
						RSA
						26.04, Code of Criminal Procedure.
(1) Notification. The notification of the
					 opportunity to apply (NOA) to be a contractor shall be distributed in a manner
					 that reasonably covers all practicing members of the bar within the county or
					 other region designated by the appointing authority. The notification shall
					 inform attorneys of all requirements for submitting applications.
(2) Opportunity to Respond. All potential
					 contractors shall have the same opportunity to respond to the NOA and be
					 considered for the award of a contract. All potential contractors shall have at
					 least 30 days from the issuance of the NOA to respond. The appointing authority
					 may provide for less than 30 days to respond if a contract needs to be awarded
					 on an emergency basis. A contract awarded on an emergency basis may not exceed
					 90 days in duration.
(3)
					 Application. All applications must be submitted in writing and shall be
					 maintained by the appointing authority or contracting authority in accordance
					 with the Texas State Library and Archives Commission Retention Schedule for
					 Local Records-Local Schedule GR.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 2 - APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES › Section 174.13 - Application Review Process

Current through Reg. 49, No. 28; July 12, 2024
Following the review of all applications the appointing
						authority shall by a majority vote select contractor(s), specify the types of
						cases each contractor is qualified to handle, and authorize the contracting
						authority to enter into a contract. The attorneys associated with the selected
						contractor(s) must meet the attorney qualification requirements contained in
						the indigent defense procedures adopted pursuant to Article 26.04, Code of
						Criminal Procedure. If the contract does not exclude capital cases in which the
						death penalty is sought, the attorneys associated with the selected
						contractor(s) must also meet the attorney qualifications set by the regional
						selection committee and be approved by the regional selection committee to
						represent clients in capital cases. The appointing authority shall consider at
						least the following factors when evaluating applications:
(1) Experience and qualifications of the
					 applicant;
(2) Applicant's past
					 performance in representing defendants in criminal cases;
(3) Applicant's disciplinary history with the
					 state bar;
(4) Applicant's ability
					 to comply with the terms of the contract; and
(5) Cost of the services under the
					 contract.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 2 - APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES › Section 174.14 - Awarding the Contract

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Article 26.04(h), Code of Criminal
						Procedure, the contracting authority may approve the recommended contractor(s)
						and enter into a contract for services. The contracting authority shall enter
						into a contract only if it complies with these standards and all applicable law
						governing professional services contracts entered into by counties. A contract
						shall not be awarded solely on the basis of cost.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.15 - Parties

Current through Reg. 49, No. 28; July 12, 2024
Identify the appointing authority, contracting authority,
						and contractor.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.16 - Term of Contract

Current through Reg. 49, No. 28; July 12, 2024
The contract shall specify the term of the contract,
						including any provision for renewal , and a provision for terminating the
						contract by either party.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.17 - Scope of Contract

Current through Reg. 49, No. 28; July 12, 2024
The contract shall specify the categories of cases in
						which the contractor is to provide services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.18 - Minimum Attorney Qualifications

Current through Reg. 49, No. 28; July 12, 2024
The contract shall specify minimum qualifications for
						attorneys covered by the contract and require such attorneys to maintain the
						qualifications during the term of the contract. The qualifications shall equal
						or exceed the qualifications provided in the indigent defense procedures
						adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract
						does not exclude capital cases in which the death penalty is sought, the
						qualifications shall equal or exceed the minimum attorney qualifications set by
						the regional selection committee and the attorneys covered by the contract
						shall be required to be on the list of attorneys approved by the regional
						selection committee to represent clients in capital cases. If a contract covers
						services provided by more than one attorney, qualifications may be graduated
						according to the seriousness of offense and each attorney shall be required to
						meet and maintain only those qualifications established for the offense
						level(s) for which the attorney is approved to provide defense
						services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.19 - Duration of Representation

Current through Reg. 49, No. 28; July 12, 2024
The contract shall specify that the contractor has the
						responsibility to complete all cases once representation is commenced during
						the term of the contract, unless an attorney covered by the contract is
						relieved or replaced in accordance with Article 26.04(j)(2), Code of Criminal
						Procedure.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.20 - Substitution of Attorneys

Current through Reg. 49, No. 28; July 12, 2024
The contract shall identify the attorney(s) who will
						perform legal representation in each category of case covered by the contract
						and prohibit the substitution of other attorneys without prior approval by a
						majority of the appointing authority. Nothing in the contract shall prohibit an
						attorney covered by the contract from being relieved or replaced in accordance
						with Article 26.04(j)(2) of the Code of Criminal Procedure.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.21 - Caseload Limitations

Current through Reg. 49, No. 28; July 12, 2024
The contract shall set the maximum number of cases or
						workload each attorney may be required to handle pursuant to the contract,
						which may include a maximum caseload not exceeding the annual full-time
						equivalent caseload established by the
Guidelines for Indigent Defense
						Caseloads
and the
Juvenile Addendum and Appellate Addendum:
						Guidelines for Indigent Defense Caseloads,
published by the Texas
						Indigent Defense Commission pursuant to House Bill 1318, 83rd Texas
						Legislature.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.22 - Standards of Representation

Current through Reg. 49, No. 28; July 12, 2024
The contract shall require that the contractor provide
						zealous legal representation to all clients in a professional, skilled manner
						consistent with all applicable laws and the Texas Disciplinary Rules of
						Professional Conduct.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.23 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
The contract shall state a policy to assure that the
						contractor and its attorneys do not provide representation to defendants when
						doing so would involve a conflict of interest.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.24 - Investigators and Experts

Current through Reg. 49, No. 28; July 12, 2024
The contract shall specify how investigation services and
						experts that are necessary to provide competent representation will be made
						available in a manner consistent with Article 26.05(d), Code of Criminal
						Procedure.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter B - CONTRACT DEFENDER PROGRAM REQUIREMENTS › Division 3 - REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA) › Section 174.25 - Compensation and Payment Processes

Current through Reg. 49, No. 28; July 12, 2024
The contract shall set the amount of compensation to be
						paid to the contractor and the designated method and timing of payment. The
						contract shall state that the contractor shall be required to submit an
						itemized fee voucher. The voucher must be approved by a member of the
						appointing authority prior to being forwarded to the county financial officer
						for approval and payment. The contract shall also specify how a contractor is
						to be compensated for cases assigned but not disposed within the term of the
						contract as provided in §
											RSA
						174.19 of this subchapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 8 - TEXAS JUDICIAL COUNCIL › Chapter 174 - INDIGENT DEFENSE POLICIES AND STANDARDS › Subchapter C - POLICY MONITORING REQUIREMENTS › Division 1 - DEFINITIONS › Section 174.26 - Subchapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this
						subchapter shall have the following meanings, unless the context clearly
						indicates otherwise.
(1) Executive
					 Director--The executive director of the Commission.
(2) Authorized Official--The county judge or
					 other designee authorized to apply for, accept, decline, modify, or cancel a
					 grant designated under §
											RSA 173.301 of
					 this title (relating to Grant Officials).
(3) Period of review--The fiscal year
					 preceding the date of the monitoring visit, other agreed time period, or other
					 reasonable time period as determined by the Commission.
(4) Policies and Standards Committee--A
					 committee of the Commission charged with developing policies and standards
					 related to improving indigent defense services.
(5) Policy Monitor--The employee of the
					 Commission who monitors the effectiveness of a county's indigent defense
					 policies, standards, and procedures.
(6) Risk Assessment--A tool to rank each
					 county's potential risk of not being in compliance with indigent defense
					 laws.
(7) Commission--Commission
					 means the Texas Indigent Defense Commission.
(8) Full review--An on-site policy monitoring
					 review covering all the core requirements in §
											RSA
					 174.28(c) of this chapter
					 (relating to relating to On-Site Monitoring Process).
(9) Limited scope review--An on-site policy
					 monitoring review covering fewer than all of the core requirements in §
											RSA
					 174.28(c) of this
					 chapter.
(10) Drop-in visit--An
					 informal, on-site visit to assess indigent defense processes of a
					 county.