PUBLIC DEFENDER - Texas Indigent Defense Commission

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PUBLICDEFENDERPRIMEROctober 2020Explore Texas public defenderoffices and build your own.

TABLE OFCONTENTS4Foreword5TIDC Members and Staff6The Public Defender Model8Research on Public Defenders10Public Defenders Help Recruit New Lawyers12Texas Public Defenders18Spotlights24How to Build a Public Defender Office30Statistical Tables34References

FOREWORDThe year 1914 saw two of the world’s first public defender offices built right herein Texas. A century in the rearview, we can confidently say that public defenderoffices produce better results: Higher quality Greater accountability Lower costsWhy do Texas public defender offices work? Our criminal justice counterparts—police, prosecutors, judges, and jailers—can tell you. They’ve long embracedsystems that include supervision, management, training, and support. Thesesystems produce higher quality, accountability, transparency, and budgetpredictability, all to the joy of taxpayers.Public defender offices work for similar reasons: attorneys are supervised, casesmanaged, trainings attended, and support provided. As a result, as study afterstudy (many discussed below) shows, public defender offices produce higherquality, accountability, transparency, and budget predictability.This publication looks at why public defender offices work, profiles Texas publicdefender offices, and shows how to build a public defender office.In our work, the stakes—liberty, taxpayer dollars, community safety—are high.The choice of defense system is important. TIDC has helped plan and fund publicdefender offices for dozens of counties. Let us know how we can help yours.Sincerely,Geoff BurkhartExecutive Director, Texas Indigent Defense Commission

TIDC MEMBERS & STAFFCHAIRSTAFFHonorable Sharon KellerGeoffrey BurkhartAustin, Presiding Judge, Court of Criminal AppealsExecutive DirectorLindsay BellingerEX OFFICIO MEMBERSHonorable Sharon KellerAustin, Presiding Judge, Court of Criminal AppealsHonorable Nathan L. HechtAustin, Chief Justice, Supreme Court of TexasHonorable John WhitmireHouston, State SenatorHonorable Brandon CreightonConroe, State SenatorHonorable Nicole CollierFort Worth, State RepresentativeHonorable Reggie SmithSherman, State RepresentativeHonorable Sherry RadackHouston, Chief Justice, First Court of AppealsHonorable Vivian TorresRio Medina, Judge, Medina County Court at LawMEMBERS APPOINTED BY THE GOVERNORMr. Alex BuninHouston, Chief Public Defender, Harris County PublicDefender OfficeHonorable Richard EvansBandera, Bandera County JudgeMr. Gonzalo P. Rios, Jr.San Angelo, Attorney, Gonzalo P. Rios Jr. Law OfficeHonorable Missy MedaryCorpus Christi, Presiding Judge, 5th Administrative JudicialRegion of TexasHonorable Valerie CoveyGeorgetown, Williamson County Commissioner Precinct 3Policy AnalystMegan BradburryExecutive AssistantClaire BuetowSenior Policy AnalystKathleen Casey-GamezSenior Policy AnalystEdwin ColfaxDirector of Grant FundingScott EhlersDirector of Public Defense ImprovementJoel LieuranceSenior Policy MonitorWesley ShackelfordDeputy DirectorDebra StewartFiscal MonitorDoriana TorresGrant SpecialistSharon WhitfieldBudget & Accounting Analyst

THE PUBLICDEFENDER MODELPublic defender office structure ensures quality representation.INDIGENT DEFENSE SYSTEMSTEXAS FAIRDEFENSE LAWSThere are four main ways to provide indigentdefense. Texas Counties may have more than onesystem or may share systems across a region.The United States Constitution andTexas Constitution and statutesguarantee a lawyer for anyoneaccused of a crime that could resultin incarceration.In 2001, Texas passed the FairPublic Defender:Full-time, salaried attorneysare appointed, supervised, andpaid by an office that includesinvestigators and support staff.Defense Act, which provided statefunding and set minimum standardsfor the appointment, performance,and payment of lawyers. It requiredcounties to use a default “wheel”system to randomly assign counsel,which most counties use today. TheFair Defense Act also created whatis now known as Texas IndigentDefense Commission (TIDC) andcharged it with funding, overseeing,and improving indigent defensethroughout Texas.Managed Assigned Counsel:Private attorneys are appointed,supported, and paid by a defensemanagement organization on arotating, case-by-case basis.Contract:Private attorneys contract with acounty for a volume of cases.Assigned Counsel:Private attorneys are appointedand paid by the court on arotating, case-by-case basis.

TEXAS PUBLIC DEFENDERSIn 2019, 36 of 254 counties had public defender offices.Those counties vary considerably by size and needs, but mostreport that public defender offices ensure better performance,accountability, budget predictability, and compliance withcriminal laws and standards.THE ADVANTAGE OF PUBLIC DEFENDERSMany Texas indigent defense systems pay private attorneys ona case-by-case basis and offer little or no supervision. Defenderoffices create structures that can help attorneys meet ethicalrequirements and follow best practices: Independence. Defenders make decisions aboutrepresentation independent of courts. Oversight. Staff are supervised for quality representation. Workload. Attorneys are not paid by the case, and so arenot incentivized to take more than they can handle. Teams. Attorneys and support staff work together oncases. Training. Staff are trained and mentored in-house. Institutionalization. Defender offices are a single hub forthe defense, like a prosecutor’s office. Administration. Defender offices manage caseassignment and are consistently available to courts.Research shows that, because of this structure, public defendersget better outcomes and reduce justice system costs.The Public Defender Model7

RESEARCH ONPUBLIC DEFENDERSStudies repeatedly find that public defenders improve outcomes.OUTCOME STUDIESDozens of studies have compared types of defensecounsel. Recent, sophisticated statistical analysis hasshown that public defenders get better outcomesthan private assigned counsel: Reduced case time from fewer continuances inKentucky, Rhode Island, and Minnesota counties(Ostrom and Bowman, 2019) Reduced likelihood of convictionby 3% across state cases (Roach, 2014) Reduced likelihood of prisonby 22% in San Francisco (Shem-Tov, 2017) Reduced sentence lengthsby 16% in federal cases (Iyengar, 2007)and by 26% across state cases (Cohen, 2011) Reduced potential prison costs by 200 millionin Philadelphia (Anderson and Heaton, 2012)What accounts for these differences? Research pointsto structure and pay. Assigned counsel are: Less prepared, less communicative, and moreisolated when paid low, flat fees (Anderson andHeaton, 2012) Less experienced and worse performing when paidbelow market rates (Roach, 2014) Less likely to go to trial when paid more for pleas(Agan et al., 2019)See References for more on these studies.Structure and pay leadto better outcomes.3%Lower Likelihood ofConviction22%Lower Likelihood ofPrison26%ShorterSentence Lengths 200MPotentialPrison Savings

PROGRAM EVALUATIONSPublic defender offices in Texas counties have been found to improveoutcomes for defendants and indigent defense systems:Reduced Jail Time & CostsReduced Case Time & Costs113 2,20743176Fewer Jail DaysPer Felonyin KaufmanCountyJail SavingsPer Case inMisdemeanorsin Fort Bend CountyFewer Days per Casein Misdemeanors inBowie CountyFewer Days perCase in Feloniesin Bowie CountyReduced Criminal RecordsReduced Recidivism23%28%22%Higher Likelihoodof Dismissal inWichita CountyHigher Numberof Dismissals inHarris CountyFewer Rearrests in MentalHealth Cases in Travis CountyGenerally, evaluations have attributedbetter outcomes to:WICHITABOWIEKAUFMAN Lower caseloads More investigators More client contact More training Faster case assignmentThey have also noted more qualitativeimprovements:TRAVISFORTBEND Better justice system coordination Better supervision of attorneys More training for the private bar More client satisfactionResearch on Public Defenders9

PUBLIC DEFENDERS HELPRECRUIT NEW LAWYERSAttracting lawyers to rural Texas.PUBLIC DEFENDER JOBBENEFITS FOR NEWLAWYERS: Trial experience,supervised bydedicated defenselawyers Training, mentoring,and peer learning Salary and benefits Loan repaymentassistance andforgiveness AdministrativesupportMany rural Texas countiesface an attorney shortage.Public defender officescan help recruit newattorneys. TIDC spokewith two young lawyerswho explained how publicdefender offices help newgraduates practice inrural Texas.Class of 2020 Student Attorneys and Supervisors atCaprock Public DefenderJ. BAILEY MCSHANE IV,Attorney at Far West TexasPublic DefenderBailey McShane is a Texan whoalmost became an Alaskan.Born in Midland, he had lived inAustin, graduated from TexasA&M, served in the Marine Corps,and studied law and business atTexas Tech. At Tech, Bailey was astudent attorney at the Caprock Public Defender, a legal clinicthat provides indigent defense representation in rural countiesin the Panhandle.“Criminal defense gives you trial experience,” Bailey says,which is hard to come by for new lawyers. “I’m passionateabout making sure the system works right.”Despite passion and experience, when Bailey graduatedin 2018, he found his job options were limited: his Techclassmates went to Colorado and New Mexico to work fortheir state public defenders. Bailey applied to become a publicdefender in Alaska and pondered life north of the Arctic Circle.

Instead, Bailey went into private practice,where he grappled with billing, insurance, andoverhead. Mentoring and training opportunitieswere hard to find.Then Bailey found the Far West Texas PublicDefender Office. The office is small: a fewattorneys, an investigator, a social worker, andan office administrator. They serve five counties,home to 25,000 people spread over 20,000square miles.While the office might be small, he has found alot of support. “I have great mentors here,” hesays. “They’re knowledgeable and passionateabout what they do. They’re an ‘in’ to the legalcommunity. There’s always someone to ask aquestion.”The staff and the office structure make itpossible for him “to focus on the practice oflaw and what it means to be a lawyer; to fulfillconstitutional requirements and provide betterservice to clients, because I’m not worriedabout getting paid.”With that focus, he says, “I learned more in myfirst three months than I did in nine months ofsolo practice.”JESSICA CANTER,Chief Defender atTexas Rio GrandeLegal Aid (TRLA)Lavaca CountyPublic DefenderLike Bailey, JessicaCanter is a Texanwho knew shehad a passion forcriminal defense by the time she graduated fromlaw school in 2014.But, she says, “I didn’t know where tostart. The thought of managing my ownoffice—from advertising, to financials, toadministrative work, on top of all of the legalwork—was daunting. The idea of being alonewas overwhelming.”Instead, she became a public defender withTexas Rio Grande Legal Aid.She tested her skills right away. “I was throwninto contested felony hearings. I didn’t think Iwas ready, but I had a supervisor and mentorat my side. I was ready, and I wouldn’t haverealized that for years if not for that support.”As a public defender, “you have your peers,investigators, administrative assistants, andsometimes even social workers, to rely on andlearn from. Truly, it’s wonderful to be workingon a case and preparing for trial knowing thatyou have an entire team of people standingbehind you.” For new lawyers, “the trainingand mentoring are built in.”So are the financial supports: a steady salary,benefits, and loan repayment assistance.New lawyers working for a government ornonprofit public defender office can qualifyfor public service loan forgiveness from thefederal government. TRLA has its own loanrepayment assistance program that has beenkey to attracting and retaining new lawyers.In just five years, Jessica became the chiefof her own TRLA office, in Lavaca County.Through its regional network of offices,she can continue to rely on TRLA’s publicdefenders to help her grow as a lawyer and aleader in her rural legal community.Public Defenders Help RecruitPubcilDefendNewersHeplRecLawyersruNti ewLawyers11

TEXAS PUBLIC DEFENDERSSnapshots of public defender offices in 2020.DALLAMSHERMAN HANSFORD OOREOLDHAMPOTTERCARSONGRAYWHEELERDEAF PINTOSTEPHENSANDREWSEL ECOSREAGANIRIONTOM REFUGIOWEBBSingle-County Public DefenderTRLA Public DefenderFar West Texas Public DefenderCaprock Public DefenderNo Public DefenderDUVALNUECESKLEBERGZAPATAJIM RICIOJIMWELLSSASLA SALLEFORTBENDDE AWALKERGRIMESLEWALVAL LTONSAN LLBOSQUECOMANCHECOLEMANCROCKETTSUTTONBREWSTERRMES O VE L LERATHMILLSUPTONSCHLEICHERJEFF ESANAUGUSTINELAMBJASPERBAILEYMATAGORDABRAZORIA

exar CountyBowie CountyBurnet CountyCameron CountyColorado CountyDallas CountyEl Paso CountyFort Bend CountyHarris CountyHidalgo CountyKaufman CountyTravis CountyWebb CountyWichita CountySTATEWIDE PROGRAMS Caprock Program at Texas Tech· Lubbock-area rural counties· Regional Public Defender Officefor Capital Cases· Office of Capital and ForensicWrits· State Counsel for Offenders Far West Texas· Culberson, Hudspeth, Jeff Davis,Presidio, and Brewster Counties Texas Rio Grande Legal Aid(4 offices)· Bee, Goliad, Live Oak, McMullen,and Refugio Counties· Lavaca County· Starr, Duval, and Jim HoggCounties· Willacy CountyDALLAMSHERMAN HANSFORD OOREOLDHAMPOTTERCARSONGRAYWHEELERDEAF ONAL GANIRIONTOM FRIOATASCOSADE gNot ParticipatingIneligible CountyHeadquartersMATAGORDAVICTORIACALHOUNDIMMITLA ERVAL STONLEONFALLSLAMPASASSAN RDREGIONAL PUBLIC DEFENDEROFFICE FOR CAPITAL CASES:COUNTY EICHERJEFF ASSMARIONUPSHURANEL PASOJOHNSONMERSO AILEYNUECESKLEBERGZAPATAJIM HOGGBROOKSSTARRKENEDYWILLACYHIDALGOCAMERONTexas Public Defenders13

BEXARCOUNTYBURNETCOUNTYCAPROCKEstablished: 2005Established: 2011Established: 2009Case Types: Felony,misdemeanor, appellate,mental health, magistrationCase Types: Felony,misdemeanor, juvenileCounties: Varies by year.Seven Panhandle and SouthPlains counties in FY2019:Cochran, Dickens, Floyd,Hockley, Motley, Swisher,and TerryStaff: 31 total; 26 attorneys(1 chief, 5 for criminal trial, 7for mental health, 2 for civilcommitments, 2 for appeals,and 9 for magistration), 1caseworker, 2 paralegals, 1administrative assistant, and 1office managerTotal TIDC Grants: 1,687,160 since 2005OUTCOMES:Public defenders securedmore mental health personalbonds than pretrial servicesrecommendations alone did,avoiding 3,615 jail days per year.Spotlighted on page 18Staff: 5 total; 3 attorneys (1chief, 1 for felonies, and 1for misdemeanors, all takingjuvenile cases), 1 investigatorand 1 legal assistantTotal TIDC Grants: 936,570since 2012OUTCOMES:Public defenders were assignedto and met with clients soonerthan appointed or contractcounsel, and lowered costs ofrepresentation.CAMERONCOUNTYEstablished: 1999Case Types: JuvenileBOWIECOUNTYStaff: 2 attorneysTotal TIDC Grants: 0RegionalCase Types: Felony,misdemeanorStaff: 1 attorney director and7 student attorneys at TexasTech UniversityTotal TIDC Grants: 498,461since 2017OUTCOMES:By charging less than regularflat fees, Caprock estimates itsaved counties around 28,000in 2019.COLORADOCOUNTYEstablished: 1987Established: 2007Case Types: Felony,misdemeanor, juvenileCase Types: Felony,misdemeanorStaff: 2 part-time attorneysand 1 administrative assistantStaff: 8 total; 5 attorneys (4 forfelonies, 1 for misdemeanors),1 investigator, and 2administrative assistantsTotal TIDC Grants: 0Total TIDC Grants: 1,407,039 since 2008OUTCOMES:Public defenders disposedmisdemeanors 43 days soonerand felonies 176 days sooner(almost six months) thanprivate or retained counsel orunrepresented defendants.

DALLASCOUNTYFAR WESTTEXASHARRISCOUNTYEstablished: 1983RegionalEstablished: 2011Case Types: Capital, felony,misdemeanor, juvenile,appellate, mental health, childprotective services (CPS),post-convictionEstablished: 2018Case Types: Felony,misdemeanor, juvenile,appellate, mental health,magistration, post-convictionStaff: 123 total; 88 attorneys(81 for criminal andjuvenile cases, 3 for civilcommitment, 4 for CPS, 1for Padilla consultations), 15investigators, 5 caseworkers, 1interpreter, 6 legal assistants,and 7 administrative assistantsTotal TIDC Grants: 799,883since 2004OUTCOMES:People with mental illness hadsignificantly more treatmentcontact and lower rates ofrecidivism when represented bythe public defender.EL PASOCOUNTYCounties: Brewster,Culberson, Hudspeth, JeffDavis, and PresidioCase Types: Felony,misdemeanorStaff: 6 total; 3 attorneys, 1investigator, 1 social worker,and 1 office administratorTotal TIDC Grants: 529,890since 2018OUTCOMES:The office serves two countiesthat previously had no locallawyers.Spotlighted on page 20FORT BENDCOUNTYEstablished: 2010Established: 1987Case Types: Capital, felony,misdemeanor, juvenile,appellate, mental healthStaff: 21 total; 11 attorneys, 2investigators, 5 caseworkers,3 administrative assistantsStaff: 85 total; 50 attorneys, 8investigators, 6 caseworkers,17 legal assistants, and 4administrative assistantsTotal TIDC Grants: 2,791,156 since 2010Total TIDC Grants: 3,408,631 since 200485% of clients were satisfiedwith their representation.Misdemeanor clients withmental illness spent, onaverage, 37 fewer days in jail.Across case types, the publicdefender got the same or betteroutcomes as assigned counsel,at an overall lower price to thecounty.Total TIDC Grants: 13,567,330 since 2011OUTCOMES:Case Types: Felony,misdemeanor, mental health,magistrationOUTCOMES:Staff: 129 total; 87 attorneys(1 chief, 81 for criminaland juvenile cases, 1 foryouth services, 2 for Padillaconsultation, 1 holisticservices director, and 1 policydirector), 11 investigators, 10caseworkers, 4 communityadvocates, 14 administrativeassistants, 2 human resourcespositions, and 1 informationtechnology coordinatorOUTCOMES:Misdemeanor clients withmental illness were five timesas likely to have their casesdismissed, compared to thoserepresented by assignedcounsel.HIDALGOCOUNTYEstablished: 2005Case Types: Felony,misdemeanor, juvenileStaff: 17 total; 11 attorneys, 1investigator, 1 legal assistants,and 4 administrative assistantsTotal TIDC Grants: 1,413,217 since 2005OUTCOMES:The county achieved compliancewith state rules by appointingthe public defender in ders15

KAUFMANCOUNTYEstablished: 2007Case Types: Felony,misdemeanor, mental healthStaff: 8 total; 4 attorneys, 1investigator, 1 caseworker, and2 legal assistantsTotal TIDC Grants: 632,627since 2007TRAVISCOUNTYJuvenile Public DefenderWEBBCOUNTYEstablished: 1971Established: 1988Case Types: JuvenileCase Types: Felony,misdemeanor juvenileStaff: 14 total; 8 attorneys,2 investigators, and 4administrative assistantsTotal TIDC Grants: 0OUTCOMES:The office helped reduce thedaily jail population by 200inmates, saving 2.8 million peryear.Mental Health PublicDefenderEstablished: 2007Staff: 36 total: 20 attorneys(1 chief, 18 for criminaland juvenile, and 1 forimmigration), 3 investigators,1 social worker, 10legal assistants, and 2administratorsTotal TIDC Grants: 931,137since 2009Case Types: Felony,misdemeanor, mental healthTEXAS RIOGRANDELEGAL AIDStaff: 13 total; 4 attorneys, 6caseworkers, 1 legal assistant,and 2 administrative assistantsRegionalTotal TIDC Grants: 1,378,365 since 2007Established: 2009OUTCOMES:Counties: Coastal Plains(Bee, Goliad, Lavaca, LiveOak, McMullen, and Refugio)and Rio Grande Valley (Starr,Duval, Jim Hogg, and Willacy)The public defender had 47% ofits cases dismissed, comparedto 19% for assigned counsel.Case Types: Felony,misdemeanor, juvenile,appellateTravis County PublicDefender (opening 2020)Staff: 27 total: 1 director, 1deputy director, and, in eachoffice, 1 chief, 1-7 attorneys,1-3 investigators, and 1administrative assistantTotal TIDC Grants: 5,906,910 since 2009OUTCOMES:TRLA is currently beingevaluated by Texas A&MUniversity through a grantfrom TIDC.Spotlighted on page 22WICHITACOUNTYEstablished: 1989Case Types: Felony,misdemeanor, appellate,mental healthStaff: 14 total; 7 attorneys, 2investigators, 1 caseworker,2 legal assistants, and 2administrative assistantsTotal TIDC Grants: 244,958since 2010OUTCOMES:By reducing charges andgetting dismissals, the officehas made a net benefit of 210per case.

EXAMPLE TIDC GRANTSTotal grants disbursed are listed for each office.These are examples of how they were allocated.RURAL REGIONAL (under 100,000 population):Far West Texas, 529,890 to dateOngoing sustainability:· FY2018-19 grants· Annual average: 264,945SMALL COUNTY (under 100,000 population):Burnet County, 936,570 to dateOffice start-up: 936,570· FY2012-15 grants· Annual average: 234,143MEDIUM COUNTY (100-250,000 population):Wichita County, 233,958 to dateVideoconferencing: 19,505· FY2010 grantMental Health Social Worker: 147,924· FY2013-17 grants· Annual average: 24,654Appellate and bond attorney: 66,528· FY2019 grant (in progress)LARGE COUNTY (over 250,000 population):Bexar County, 1,687,160 to dateOffice start-up: 903,748· FY2005-09 grants· Annual average: 180,750Appellate attorneys and officeequipment: 270,260· FY2007 grantMagistration attorneys and officeequipment: 513,151· FY2016-19 grants· Annual average: 128,288Texas Public Defenders17

SPOTLIGHTon Bexar County“The first line of defense”The public defender office inBexar County, home to SanAntonio, specializes in some ofthe county’s toughest cases. Toget results, it has to act quickly.By 2005, Bexar County hadmet many of the requirementsof the Fair Defense Act: localattorneys had to meet newqualifications to be paidunder a new fee schedule.For appeals, however, too fewattorneys qualified to takecases, so those who did qualifyhad high caseloads. Attorneysstruggled to make deadlines,cases lagged, and defendantswaited in jail. Some defendantsmissed their chance to appeal.To better manage attorneys’workload and appointmentprocess, TIDC awarded 1,174,009 in grants to BexarCounty to start a publicdefender office. If a defendantwas wrongfully convicted, heor she had a number to callto make things right. Judges,too, could rely on one office toanswer the phone.In 2015, the County againturned to the public defenderfor help with its jails. It hadbuilt a new central magistrationfacility, where specialists onsite could identify people withmental illness and divert themto treatment shortly after arrest.The problem was that onlyabout 2% who might have beeneligible were diverted. Most didnot want to discuss their mentalillness with jail staff.Only a few other counties inTexas—including Cameron,Fort Bend, and Harris—currently provide counsel atmagistration. Defendants inmost counties stand alone thefirst time they see a judge.With help from 513,151 ingrants from TIDC, the publicdefender office started meetingwith people within hours oftheir arrest and representingthose with serious mentalillness. At magistration, theyadvocated for release onmental health bonds.Bexar County Chief PublicDefender Michael Young saysthat early representation canchange your whole experienceof the criminal justice system:“You’re scared, you’re tryingto contact friends and family,you don’t know what’s goingon—sometimes for days andmonths. With an attorney,you have a voice from thebeginning. I think that has aprofound effect on how younavigate your whole case.”They found that people whowere represented by the publicdefender were 20% more likelyto be released than those whohad been recommended fora bond by pretrial services.Within a few years, the officemore than doubled the numberof people who were divertedfrom jail to treatment.Recognizing this success,Bexar County judges andcommissioners expandedcounsel at magistration,so that the public defendernow represents everyonewho is arrested.First Assistant Public DefenderStephanie Brown agrees:“During magistration, the publicdefender’s office is the first lineof defense. Although we areonly representing the clientsfor magistration purposes onthat day, we can provide hopeand guidance as to what theyshould expect going forward.Even though people may havebeen through the system manytimes before, they now admit

to feeling better going forward,after being represented by thepublic defender.”The public defender continuesto represent some clientswith mental illness aftermagistration, both in specialtycourts and traditional courts.They have seen that earlyrepresentation leads tobetter results throughout acase. Clients have a reliableadvocate they can call, areconnected to help for issueslike mental health, substance,abuse, and homelessness, andhave better outcomes: higherrates of compliance with courtorders and treatment plans,and higher dismissal rateswhen they get to trial.To Michael, this is just goodlawyering. “When I was inprivate practice, the first thingI’d do is get my client in drugtreatment or behavioral therapy.Before you ever get to court,you take remedial action.”At the same time, Stephaniesays that being a publicdefender “takes a special kindof person. We’re here becausewe love what we do.” Shejoined the office in 2015, andnow leads the Magistrationunit, in addition to being theFirst Assistant Public Defender.She was a prosecutor for thefirst 7 years of her career.She has also practiced familyand insurance law. Publicdefense has been different.“I can ensure justice just aswell from this side as from theprosecutor’s,” she says. “AndI have more leeway to helppeople.”Next for the office is startinga domestic violence unitthat will specialize in findingalternatives to jail, so thatclients can get treatmentand continue supportingtheir families.Those clients are often deniedmental health bonds becauseof concerns about recidivism.By taking the tough caseshead-on, as soon as they reachthe criminal justice system, thepublic defender office hopes itcan help break the cycle.Bexar County Public Defender’s OfficeSpotlight19

SPOTLIGHTon Far West Texas“These folks are our neighbors.”The 394th Judicial District,east of El Paso, covers 20,000square miles. Its five countiesoccupy 8% of Texas’s landarea, yet are home to only25,000 people.In 2017, there were only afew attorneys in the area, andalmost none were qualified tohandle criminal cases or willingto take what the counties couldpay. At the same time, a BorderPatrol checkpoint meant thesesparsely populated countieshad high case volumes.TIDC worked with DistrictJudge Roy Ferguson to craft asolution: The Far West TexasRegional Public DefenderOffice. With the help of TIDCgrants covering two-thirds ofexpenses, or about 265,000a year, it has quickly becomea model for providing effectiverepresentation in rural counties.“Culberson County is thrilledto sponsor the grant,”said Culberson CountyJudge Carlos Urias, in apress release. As the grantsponsor, Culberson receivesreimbursement from TIDC andcoordinates with the othercounties through interlocalagreements. “This program willprovide a huge leap forwardin the administration of justiceacross the entire region.”Chief Defender JamesMcDermott says distanceis his biggest challenge; ittakes over six hours to driveacross his service area.Each of the office’s three

8 Research on Public Defenders 10 Public Defenders Help Recruit New Lawyers 12 Texas Public Defenders 18 Spotlights 24 How to Build a Public Defender Office 30 Statistical Tables 34 References. FOREWORD. The year 1914 saw two of the world's first public defender offices built right here

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