filed for record item 3 - additional capital area private

Capital Area Private Defender Service

816 Congress Avenue – Suite 700• Austin, Texas 78701

(O) 512.774.4208

(F) 512.473.2720

www.CAPDS.org

Bradley E. Hargis Ira L. Davis Trudy Strassburger

• •

Deputy Director

Executive Director Deputy Director

March 21, 2015

Dear Members of the Travis County Commissioners Court:

The Capital Area Private Defender Service (“CAPDS”) is honored to have been given the task of

improving indigent defense in Travis County. CAPDS began managing the assigned counsel

panel in January 2015, and, as part of that mission in the fall of 2014, the CAPDS Review

Committee selected the new panel of attorneys.

The Review Committee selected the current CAPDS attorneys using the information and data

available in the fall of 2014. Since January 2015, CAPDS has developed many additional sources

of data for future selection processes, and we are excited to enhance our understanding of

attorney performance as we grow. Further, CAPDS has established a working group of attorneys

from across the bar to develop a more robust model for evaluating attorney performance. As we

work with clients, stakeholders, and attorneys we look forward to a more comprehensive process.

Beyond the utilization of more data in the future selection process, our goal is also to provide

professional development training so that attorneys interested in indigent defense will be given

the tools they need to reach their desired panels. CAPDS has established mentorship programs,

provides one-on-one support to attorneys, and we have created opportunities for local and

national training not previously offered in Travis County.

While the first selection process was not without challenges, there has been a marked

improvement in the quality of indigent defense. Attorneys are seeing their clients within the

guidelines mandated by the Travis County Fair Defense Plan, keeping files, maintaining offices,

and there is a more equitable distribution of assignments. In just three short months, we have

seen clients on the mental health docket spend less time in jail because their attorneys were

prepared for court, attorneys investigating claims of innocence early in the case, the bench

appointment rate was reduced to less than 2%, and incarcerated defendants are receiving in-

person visits from counsel soon after an attorney is assigned.

Item 3 - ADDITIONALFILED FOR RECORD

3/26/2015 1:30 PMDana Debeauvoir - County Clerk, Travis County,TX

SELECTION PROCESS FALL 2014

The Review Committee:

The Travis County model of a Managed Assigned Counsel utilizes a Review Committee

model1. TCCP §26.047(e) requires all decisions on panel placement be made by a

Review Committee of experience attorneys. The Texas statutory model precludes any

provision for review or appeal beyond this committee.

The CAPDS Board of Directors named 9 members to the review committee and selected

as the chair Mr. David Shepperd. Members of the review committee must have at least

10 years of experience in criminal law, not receive court appointments, and be willing to

serve hundreds of hours without compensation. The CAPDS review committee is

comprised of highly experienced and distinguished attorneys. See Appendix A for the

names and resumes of the Review Committee.

CAPDS and The Review Committee received 2272 applications. CAPDS spent hundreds

of hours vetting the applications for trial experience, educational requirements, residency

requirements, and other quality indicators. CAPDS also administered a criminal law

competency exam, a Spanish exam, and worked with attorneys to ensure the most

complete picture possible was presented to the Review Committee. CAPDS philosophy

during this process was to assist attorneys in qualifying for consideration and then

presented all candidates to the Review Committee.

Data Available to the 2014 Review Committee:

Minimum Qualifications. For each applicant, CAPDS informed the Review Committee

whether an applicant met the minimum trial qualifications for which they applied. See

Appendix B for an explanation of how CAPDS screened for the minimal qualifications.

Judicial Evaluations. The Travis County Fair Defense Plan mandates that the Judiciary

provide annual evaluations of attorneys, and that the evaluations can be done

anonymously. The Travis County Judiciary chose to provide anonymous evaluations. See

Appendix C, page 9 of the Travis County Fair Defense Plan outlining the process for

judicial evaluations.

1 26.047(d) permits for a single director to make all decisions regarding placement and compensation. Travis

County’s model opted for a Review Committee instead. 2 Two applications were withdrawn in response to verification requests.

The General Application. Applicants were asked to provide extensive information about

their legal background, including total number of trials, years they were tried, legal

experiences and other information that the applicant thought would be important for the

Review Committee to know. See Appendix D for the Application.

Mental Health Addendum. Attorneys applying to the misdemeanor and felony mental

health panels were asked to fill out an additional addendum to the application. These

attorneys were asked to describe their experiences working with mental health clients and

describe why they wanted to be on the mental health panel. The addendum can be found

in Appendix D.

Consulting with other Providers. Because the mental health panel requires specialized

knowledge, the Review Committee consulted with the former Mental Health Public

Defender, Jeanette Kinard. As of 2015, Ms. Kinard is now a member of the Review

Committee.

Personal Observations. When the Review Committee had personal knowledge of an

applicant, either positive or negative, the information was shared among the group.

2014 Panel

The Review Committee spent over four weeks and over 100 hours reviewing the 227

applications. In order to facilitate the process, two members were each given a portion of the

applications. The two member group then reported their findings to the committee. In order to

approve an attorney to the CAPDS Panel, six out of nine members had to agree. No individual

member was able to prevent an attorney from being placed on the panels.

After the Review Committee made its selections, the CAPDS Board of Directors voted to

approve the Review Committee Process and the list was made official. See Appendix E for the

final list of applicants.

SELECTION PROCESS JUNE 2015

The Review Committee

Two additional members were added to the Review Committee in 2015, making the total

number 11 members. The new members are former MHPD Jeanette Kinard and local

Criminal Defense Attorney Kristin Etter.

The Review Committee will have the additional task of reviewing attorneys who want to

be on the list and reviewing requests for changes to an attorney’s assigned panel.

Data Available to the Review Committee in June 2015

The Review Committee will have the same data points as they did for the initial application:

minimum qualification screening by CAPDS, Judicial Evaluations, the general application,

mental health addendum, consultation with other providers, and personal observations.

Additionally, the Review Committee will have:

Client surveys;

Client complaints;

Judicial complaints;

Trial Reports developed by CAPDS in-court observations;

Trial Surveys by Judges;

CAPDS in-court observations;

Attorney use of resources (MHPD Caseworkers3, investigators

4, expert witnesses and

immigration referrals5).

See Appendix F for samples of our surveys, complaint forms and trial reports.

SELECTION PROCESS FALL 2015 AND BEYOND

CAPDS will continue collecting data and information to provide to the Review Committee as

they make their determinations. CAPDS anticipates that with each passing year, the Review

Committee will have increasing amounts of data to apply in making its decisions.

CAPDS has facilitated the formation of a defense bar working group to determine the standards

the Review Committee should use to select and evaluate attorneys. Four attorneys will be chosen

by the Austin Bar Association (ABA), four attorneys by the Austin Criminal Defense Lawyers

Association (ACDLA) and four attorneys will be chosen by CAPDS. This working group will

start meeting in April, 2015 to consider what standards should be developed for use by the

Review Committee for future panel applications and requests for panel promotion. See Appendix

G for the invitation letter.

3 The MHPD Caseworks are available to clients of assigned counsel when the client is indigent and there has been a

diagnosed mental illness. Through a partnership with the MHPD, CAPDS is given a monthly report about the types

of referrals made by assigned counsel. 4 CAPDS Staff Investigator, Joseph Ward, was hired in February. We are actively tracking the number and types of

investigator requests by assigned counsel. 5 CAPDS has piloted a program where an immigration attorney will be present one day a week for six-month to

assist assigned counsel in fulfilling their Padilla obligations.

PROVIDING GUIDANCE AND ASSISTANCE FOR ATTORNEYS WHO WANT TO

MOVE UP THE PANELS OR TO BE PLACED ON THE LIST

CAPDS is dedicated to assisting attorneys improve their skills so that they can become more

effective advocates for their clients. Some of the training programs we have facilitated for

attorneys in Travis County include:

Weekly 1.5 CLE offered. Every Friday, CAPDS and ACDLA sponsor a lunch-time CLE

that has covered various topics including immigration, family violence, mental health and

collateral consequences.

“Clients not Cases: Skills for Outstanding Representation.” CAPDS was the recipient of a

grant from the National Association of Criminal Defense Lawyers (NACDL) to host a

national training. Eighty of CAPDS panel attorneys were educated at no cost to the panel

attorneys by national trainers for two days on a variety of skills including mental health

representation. The training was limited to CAPDS panel attorneys.

Gerry Spence Texas Seminar. As part of our mentoring program, CAPDS is sending four

attorneys to a three day training offered by nationally renowned defense attorney Gerry

Spence on opening statements in April of 2015. The attorneys chosen to attend commit to

teaching other CAPDS attorneys the Gerry Spence style of opening statements.

Defender Academy. Through a partnership with The Bronx Defenders, CAPDS is

sending two attorneys to New York City in June of 2015 to attend a six-day trial skills

training that includes trainers from NACDL and across the nation. The attorneys chosen

to attend make a commitment to facilitate trial skills training to other CAPDS panel

attorneys upon return.

NACDL-Cardozo Forensic College. CAPDS was honored to receive an invitation to send

one attorney to the prestigious invitation-only forensic college in New York City. The

six-day training in June is designed to train lawyers in different forensic sciences but also

to provide them skills to return and train lawyers in their jurisdictions. The attorney who

is chosen makes a commitment to train CAPDS panel attorneys in forensic issues.

Center for American and International Law. CAPDS has plans to send five to ten

attorneys to the CAIL Defense Skills Training in Plano, Texas in August.

Trial Skills Training. CAPDS is in the process of planning a trial skills training program

to provide CAPDS attorneys a local opportunity to learn and practice evidence

objections, impeachment foundations, and cross-examination skills.

Mentoring Program. CAPDS is developing the following mentoring programs:

o Attorneys new to the Mental Health Panel or to the panel in general were paired

with volunteer mentors to guide them through the system.

o Less experienced attorneys are paired with senior attorneys who have cases going

to trial; these attorneys will assist the lead counsel with preparing the case and

will take a large role during trial.

o CAPDS has proposed a mentoring plan to allow attorneys new to criminal defense

to be admitted to the CAPDS panel upon successful completion of the program

(we are currently awaiting approval from the judiciary on March 25, 2015 for our

request to amend the Travis County Fair Defense Plan misdemeanor minimum

qualifications).

o CAPDS is in the process of designing a mentoring program that will facilitate

assigned counsel in obtaining admission to higher level panels.

CAPDS ACHIEVMENTS FROM JANUARY-MARCH

Along with training, mentoring and helping our lawyers represent their indigent clients to the

best of their ability, CAPDS has been busy working to improve other systematic problems.

CAPDS has reduced the rate of bench appointments from 42% to 2%, CAPDS has developed a

fair and systematic way of approving vouchers, and CAPDS has made substantial progress in

ensuring compliance with Travis County Fair Defense Plan requirements. See Appendix H for an

update written to the CAPDS Oversight Committee in March of 2015 outlining other

achievements.

The gains we have seen in three short months are only a sign of what we can accomplish.

CAPDS looks forward to continuing to work with attorneys, the judiciary, our community

stakeholders, and the Travis County Commissioners Court in its efforts to improve indigent

defense.

Sincerely,

Ira Davis Bradley Hargis Trudy Strassburger

Executive Director Deputy Director Deputy Director

APPENDIX A

(REVIEW COMMITTEE PROCESS AND RESUMES)

The Review Committee, chaired by David Sheppard, was composed of 9 members.

The Review Committee spent over 100 hours reviewing 227 applications. The Committee divided

themselves into pairs, and a team of two people reviewed each application and then made a

recommendation to the entire committee. When each application was considered, the team of two would

state their reasons for the recommendations and the Committee would discuss it as a whole before voting.

For an applicant to be placed on a particular panel, 6 out of 9 members had to vote yes.

The members of the Review Committee are:

David Sheppard

Gerry Morris

Patricia Cummings

Alberto Garcia

Robert Icenhauer-Ramirez

Lindsey Roberts

Bobby Taylor

Randy Leavitt

Sam Bassett

New Members as of 2015:

Kristin Etter

Jeanette Kinard

DAVID A. SHEPPARD

University of Texas (B.A., 1970; J.D., 1974), admitted to Texas bar, 1974, also

admitted to practice before U.S. Court of Appeals, Fifth Circuit; U.S. District Court, Western, Northern, and Eastern Districts of Texas.

BOARD CERTIFIED, CRIMINAL LAW, TEXAS BOARD OF LEGAL SPECIALIZATION

( 1980 - PRESENT)

• FELLOW - AMERICAN COLLEGE OF TRIAL LA WYERS

•

LISTED IN:

Best lawyers in America, since I 996 Texas Monthly Superlawyers

ROBERT W. CALVERT AMERICAN INN OF COURT Founding Member President, 2001-2002

LLOYD LOCHRIDGE AMERICAN INN OF COURT Founding Member

ADJUNCT PROFESSOR OF LAW, UNIVERSITY OF TEXAS SCHOOL OF LAW 1985-2002: Criminal Defense Clinic

2005 - 2011 : Actual Innocence Clinic

AUSTIN YOUNG LAWYERS ASSOCIATION

First A nnua/ Outstanding Mentor qf the Year Award, 2005

• TEXAS CENTER FOR LEGAL ETHICS AND AUSTIN BAR ASSOCIATION Professionalism Award, 201 I

TRAVIS COUNTY BAR

Founding l!f'e Fellow, 2005-2007

TEXAS CENTER FOR THE JUDICIARY

Distinguished Service Award, 2003

• STA TE BAR OF TEXAS Prqf'essional Enhancement Committee, Chair, 1998 - 2003

AUSTIN CRIMINAL DEFENSE LAWYERS ASSOCIATION Founding member, Director, 1991-92; Ambassador Award.for Outstanding Service, 1994

• TRAVIS COUNTY BAR ASSOCIATION Criminal law and Procedure Section, President 1980-81

• FEDERAL BAR ASSOCIATION President, Central Texas Chapter, 1989-90

• U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS

Admissions Committee, 1995-2003 Chairman, Merit Selection Pane/for Selection of Magistrate Judge, 2011

TEXAS CRIMINAL DEFENSE LA WYERS ASSOCIATION

Director, 1987-1989 Associate Director, 1985-1987 Chairman, Legislative Committee, 1985-1987

• NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LA WYERS

FOUNDING DIRECTOR OF TEXAS CENTER FOR ACTUAL INNOCENCE

UNITED STATES MARINE CORPS

1965-1967

MEMBER:

Texas Bar Foundation Austin Bar Foundation

•

of 2

E. G. Morris 608 W. 12

th St. Ste B

Austin, Texas, 78701

(512) 478-0758

(512) 478-0784

Education

B.S. Political Science, 1973, Stephen F. Austin State University, Nacogdoches, Texas

cum laude

J.D. 1977, University of Texas School of Law, Austin, Texas

Professional Licenses and Certifications

Admitted to Practice in Texas 1977

Admitted to the Bars of the Federal District Courts of the Western, Eastern, Southern and

Northern Districts of Texas

Admitted to the Bars of the United States Courts of Appeal, Fifth and Eleventh Circuits

Admitted to the Practice before the United States Supreme Court

Certified Criminal Law Specialist, Texas Board of Legal Specialization

Legal Career

Engaged primarily in the defense of those accused of crimes since admission to the Bar.

Professional Activities

Texas Criminal Defense Lawyers Association

President of the Texas Criminal Defense Lawyer’s Association, 1997-98

Chair of the Criminal Defense Lawyers Project, grant years 2001, 2002

Travis County Bar Association

Chair of the Criminal Law and Procedure Section, 1985

Austin Criminal Defense Lawyers Association

Member of the Board of Directors, 1995-96. Presiding Director 2005 2006

National Association of Criminal Defense Lawyers

President Elect. Will be sworn in as President on July 26, 2015.

Member of the Board of Directors – Affiliate Representative, 2001-2003

Currently a Member of the Board of Directors 2003 - present

Co-chair of Council of Affiliates 2002-2003

Chair of the Discovery Reform Committee 2002

of 2

Co-Chair of the Indigent Defense Committee 2007

Professional Recognition and Awards

Recognized in Best Lawyers in America

Martindale Hubble “AV” rating

Listed in the Registry of Preeminent Lawyers

Recognized as one of Texas’ Super Lawyers in the Field of Criminal Defense,

From 2003 to the present Texas Monthly Magazine

Recognized as among the Top 100 Trial Lawyers in the South Texas Region, by

The National Trial Lawyers.

Patricia Cummings

TCDLA General Counsel Patricia Cummings brings over 20 years of criminal justice experience

to TCDLA. Ms. Cummings began her career as a briefing attorney for the Eighth District Court

of Appeals with plans to use the appellate experience as a foundation for pursuing her lifelong

ambition of becoming a successful trial lawyer. Viewing prosecution as the next step to

becoming a successful trial lawyer, she then went to work for the Williamson County Attorney's

Office in Georgetown. After just a short stint there, she transitioned into private practice where

she focused her attention on defending juveniles and adults accused of committing crime.

Ms. Cummings is certified by the Texas Board of Legal Specialization in both juvenile and

criminal law and she has taught the criminal defense clinic at the University of Texas School of

Law since 2002. During her career, Ms. Cummings has actively served both the bar and

community. She served as chair of the Texas Board of Legal Specialization's Juvenile Law

Board Examination Committee, President of the Williamson County Bar Association and was a

board member for two local children's organizations. Ms. Cummings grew up in El Paso, Texas

and is a graduate of the University of Texas and the University of Houston Law Center.

Robert Icenhauer-Ramirez

Robert Icenhauer-Ramirez has experience in a wide range of defense litigation. He has practiced

law for over 30 years, always as a trial lawyer. A significant portion of his trial work has been

involved in the representation of law enforcement officers accused of excessive force.

Additionally, Mr. Icenhauer-Ramirez works extensively on the most serious of felony cases. He

has tried cases to verdict for persons accused of Capital Murder, Murder, Attempted Murder,

Kidnapping, Aggravated Assaults, Burglary and Possession of Controlled Substances and many

other cases. He also works on misdemeanor cases involving minor assaults, drug possession and

DWI. He has been lead counsel in many of Travis County’s most high-profile civil and

notorious criminal cases.

Biography

Worked as the Police Legal Advisor for the Austin Police Department.

Represented the City of Austin in State and Federal Courts.

Worked as representative of the Cities of Lockhart, Port Arthur, San Leanna and other

municipalities in Texas.

Represented numerous law enforcement officers in 42 U.S.C. §1983 causes of action.

Lectured at the Austin Police Department on the use of force.

Defended numerous individuals through a jury verdict from cases ranging from Capital

Murder to misdemeanor assault and DWI.

Professional Licenses:

Supreme Court of the United States of America

Supreme Court of the State of Texas

United States Court of Appeals for the Fifth Circuit

United States District Court for the Western District of Texas

United States District Court for the Southern District of Texas

Professional memberships and recognition:

Austin Bar Association

Texas Criminal Defense Lawyer’s Association

Austin Criminal Defense Lawyer’s Association

Texas Bar Foundation – Lifetime Fellow

University of Texas Chancellor’s Council

University of Texas History Department Visiting Committee

Education:

Texas A&M University, B.A. 1976

University of Texas at Austin, J.D. 1979

University of Texas at Austin, M.A. 2009

LINDSEY ROBERTS

Criminal Law

Courtroom veteran Lindsey Roberts has a wealth of experience in criminal law. His decades as a litigator as

well as his sought-after expertise as an instructor in all areas of criminal law make him a perfect fit with the

team of criminal defense professionals at the firm. Having served fifteen years as a prosecutor in Dallas and

Williamson Counties and five years as the Director of Training for the Texas District & County Attorneys

Association, Lindsey is able to provide his clients with invaluable insight into the mindset of their adversaries,

critical in evaluating the strengths and weaknesses of cases, pretrial negotiations, and in preparation for and

during jury trials.

Lindsey completed his prosecutorial career as the First Assistant District Attorney in Williamson County, Texas

and brings with him a unique blend of trial and appellate expertise. He has tried over a hundred and fifty felony

and misdemeanor jury trials including murder, capital murder, manslaughter, child physical and sexual abuse,

aggravated robbery, sexual assault, drug, and intoxication offenses. Lindsey’s appellate experience includes

the handling of numerous capital murder death penalty writs, serving as Chief of the Dallas County Appellate

Section and as a briefing attorney at the Court of Criminal Appeals in Austin. Lindsey has been Board Certified

in Criminal Law by the Texas Board of Legal Specialization since 2002.

Lindsey graduated from the University of Texas in 1989 and earned his Juris Doctor from Southern Methodist

University in 1992. He has been a member in good standing of the Texas Bar since 1992 and serves on

several boards and commissions, including the Texas Board of Legal Specialization Criminal Law Exam

Commission and the Ride on Center for Kids in Georgetown, Texas. Lindsey is a member of the Williamson

County Bell County Bar Associations.

EDUCATION

Southern Methodist University - J.D., 1992

University of Texas - B.A., 1985

BAR ADMISSIONS

State Bar of Texas

LECTURER

“Writing Search Warrants,” December 2012; January 2013; February 2013; March 2013, July 2013, October

2013, November 2013

“Advanced Search & Seizure,” October 2013

“Cross Examination of a Crash Reconstruction Expert,” August 8, 2012

“Electronic Evidence: Rules For Admissibility,” June 13, 2012

“Crash Reconstruction,” September 22, 2011

“Search & Seizure of Digital Evidence,” April 29, 2011

“Confessions Law Update,” June 7, 2011

“Search & Seizure of Digital Evidence, April 29, 2011

“Confessions Law Update,” February 22, 2011

“Filing Criminal Cases: What the DA Wants,” December 10, 2010

“Search & Seizure of Digital Evidence,” October 8, 2010

“Investigating Intoxication Assault & Intoxication Manslaughter Cases,” August 27, 2010

“Crime Scene Investigations,” July 12 & 13, 2010

“Traffic Stops & Search & Seizure in Drug Cases,” July 9, 2010

MEMBERSHIPS

Williamson County Bar Association

Bell County Bar Association

Texas Board of Legal Specialization, Criminal Law Exam Commission

Education:

Legal Employment

Legal Licenses

RESUME

Bobby R. Taylor 1709 E. Martin L. King Jr. Blvd

Austin, Texas 78702 512-476-4885

Bishop College--Dallas Univ. Of Texas-Austin BA Univ. Of Texas School of Law JD

Legal Aide of Travis County Staff Executive Director

Law Office of Bobby R. Taylor

1969 1972

1972- 73 1973-75

197 5- Present

Texas State Bar 1972 U.S. District Courts- Southern, Northern and Western Districts 1973-2001 Fifth Circuit U.S. Court of Appeals 1983 U.S. Supreme Court 2001

MEDIATOR Training completed 2004

General Practice includes criminal, civil and family law cases with heavy emphasis in Civil Rights Litigation

Civil Cases have included: 1) One Million Dollar ($1,000,000.00) settlement

in excessive force case; 2) City of Taylor Texas Ordinance and

enforcement ruled unconstitutional;

3) Travis County Jail and portions of its systems ruled unconstitutional during 18 year lawsuit;

4) One and One HalfMillion Dollars ($1,500.000.00) settlement in Sexual Harassment Lawsuit;

5) One Million Dollar ($1,000,000.00) settlement in personal injury case involving injury to a minor;

6. Seven Hundred Thousand ($700,000.00) settlement in baby death case

Criminal Cases have included representation in simple criminal cases to defense of member of Nation of Islam in Capital Murder shooting case.

Numerous past and current Associations and Affiliations including: Brackenridge Hospital Board member KAZI Board member and past President NAACP Legal Assoc. NAACP member ACLU Woman Advocacy Board Austin Black Lawyers Assoc Travis County Bar Assoc Williamson County Bar Assoc College of the State Bar of Texas Fifth Circuit Bar Association

www.taylor-law.com

RANDY T. LEAVITT

Randy T. Leavitt has worked extensively as a prosecutor, criminal defense attorney, civil

litigator, and mediator. He holds a Martindale-Hubbell peer-review rating of AV, the highest

possible rating. He has also been honored as a Super Lawyer by Texas Monthly every year since

2003, both as a criminal defense attorney and prosecutor.

Prior to opening his own firm, Randy Leavitt, was a partner at Minton, Burton, Foster & Collins

for 20 years and 12 of those years as the Managing Partner. His experience there gained him a

reputation as one of the best trial attorneys in Austin. Mr. Leavitt has been involved as counsel in

many of Austin's and surrounding counties' most notorious criminal cases.

After leaving Minton, Burton, Foster & Collins, Mr. Leavitt was hired on as a prosecutor as the

First Assistant Travis County Attorney. As First Assistant, Mr. Leavitt ran the day to day

operations of that office in charge of 75 attorneys and an 11 million dollar budget.

Mr. Leavitt has recently chosen to return to the private sector and concentrates his practice in

Criminal and Civil litigation. He has been board certified in Criminal Law since 1987 by the

Texas Board of Legal Specialization.

His criminal law experience includes the handling of almost every kind of criminal case in both

Federal and State Court:

DWI

ALR hearing

Domestic Violence/Assault

Public Intoxication

Intoxication Manslaughter

Murder

Mail/Bank Fraud

Sexual Assault

Sexual Abuse of a Child

Delivery/Possession of Controlled Substance

Weapons Charges

Burglary

http://www.martindale.com/Randy-T-Leavitt/1626610-lawyer.htm

http://www.superlawyers.com/texas/lawyer/Randy-T-Leavitt/9666a49e-0652-4448-b2f8-0043be552299.html

1

SAMUEL E. BASSETT

Minton, Burton, Bassett & Collins, P.C.

1100 Guadalupe

Austin, Texas 78701

(512) 472-0144

2001 - Present: Partner - Minton, Burton, Bassett & Collins, P.C.: Federal and State Criminal

Practice; Family Law Trial Practice in Travis and Surrounding Counties.

1998-2001: Allison & Bassett, L.L.P.: Partner - Criminal and Family Law Trial Practice

1991-1998: Allison, Yeager & Bassett, L.L.P.: Partner - Criminal and Family Law Trial Practice

1996: University of Texas School of Law: Adjunct Professor - Criminal Defense Clinic

1988-1991: White & Allison, P.C.: Associate - Trial Practice

Memberships, Certifications & Legal Organizations

Board Certified – Criminal Law – Texas Board of Legal Specialization (1994-Present)

Admitted To Practice: State of Texas (1988); U.S. District Court - Western District of

Texas; (1989); U.S. Court of Appeals - Fifth Circuit (1991)

President-Elect - Texas Criminal Defense Lawyers’ Association (2014-2015)

District 09A Grievance Committee Member – State Bar of Texas (2004 – 2011)

President, Criminal Law Section - Travis County Bar Association - 2000 - 2001

Board of Directors – Texas Criminal Defense Lawyers’ Association (2004-Present)

Listed in: Super Lawyers (2010 to present); Best Lawyers of America (2009 to present)

Named as “Lawyer of the Year for 2014 – Criminal Defense” – Best Lawyers of America

Memberships: Texas Criminal Defense Lawyers Association; National Association of Criminal

Defense Lawyers; Criminal & Family Law Sections - Travis County Bar Association;

Williamson County Bar Association; Robert W. Calvert Chapter - American Inns of Court

(1999-2001).

Charter Member: Austin Criminal Defense Lawyers’ Association

Education

University of Texas at Austin: B.B.A. (high honors), Business Honors Program - 1985

University of Texas School of Law: Juris Doctor - 1988

(Highest Course Grades: Texas Criminal Procedure II & Federal Criminal Procedure I)

JEANETTE KINARD

Jeanette Kinard is the former Director of the Travis County Mental Health Public Defender

Office in Austin, Texas. She founded the MHPD in April of 2007 and recently retired in

December of 2014. Jeanette has a Bachelor’s Degree from the University of Texas at Austin and

a Law Degree from the University of Houston in Houston. A frequent speaker, statewide, on the

topic of the mentally ill in the criminal justice system, Jeanette is a member of the State Bar of

Texas, Austin Criminal Defense Lawyers Association (President, 1994–95 and 2004–5), Texas

Criminal Defense Lawyers Association (Board of Directors, 1996–2000 and 2012–2015),

National Criminal Defense Lawyers Association, and the National Legal Aid and Defender

Association. She served on the Mayor’s Mental Health Task Force, the Texas Continuity of Care

Task Force, and Travis County MH Jail Diversion Committee and is a Board Member for

Capacity for Justice. Jeanette, a former partner at Kinard & Kinard in Austin for 17 years, was

editor of Kinard’s DWI Manual. She served six years on the District 9 Grievance Committee

(1992–98) and was formerly a prosecutor in Harris, Bell, and Travis counties.

Kristin Etter, Esq.

Professional Qualifications & Affiliations

University of Montana (B.A. in Liberal Studies)

University of Montana (J.D., 2001)

Board Certified – Criminal Law

Texas Board of Legal Specializations, 2007

Standardized Field Sobriety Testing Practitioner - National Highway Traffic Safety

Administration, 2008.

Public Policy: Legislative Counsel, Texas Criminal Defense Lawyers Association, 2006-present.

Honors & Awards

Texas Monthly Rising Star, Criminal Law, 2010

President's Award of Merit, Austin Young Lawyers Association, 2009-2010

Publications & Presentations

May 2010 - Reentry Issues, ARCH

May 2010 - Nexus of Criminal and Immigration Law, Austin Immigration Lawyers Association

May 2008 - Overview of Federal Criminal Law Issues, Dell Legal Department

March 2008 - If I Get Pulled Over, Should I Take A Breath Test?, Fish & Richardson P.C.

Feb. 2008 - What to Do When, Private Reception, Austin, TX.

Feb. 2008 - How to Protect Yourself: Alcohol and Legal Rights and Responsibilities, Kappa

Alpha Theta Sorority, University of Texas

Jan.2008 - If I Get Pulled Over, Should I Take A Breath Test?, Austin Young Lawyers

Association

Sept.2007 - Legislative Update, Dallas Criminal Defense Lawyers Association

Aug.2007 - Legislative Update, Municipal Judicial Conference

July 2007 - Legislative Update, Austin Criminal Defense Lawyers Association Monthly

Meeting

Nov.2007 - How to Protect Yourself: Alcohol and Legal Rights and Responsibilities, Kappa

Kappa Gamma Sorority, University of Texas

Nov.2007 - Federal Sentencing Overview, Federal Bar Association

Oct.2007 - How to Protect Yourself: Alcohol and Legal Rights and Responsibilities, Pi Beta Phi

Sorority, University of Texas

Oct.2007 - How to Protect Yourself: Alcohol and Legal Rights and Responsibilities, Chi Omega

Sorority, University of Texas

Nov.2006 - Federal Sentencing Overview, Federal Bar Association

Sept.2003 - Immigration Consequences of Criminal Convictions, National Legal Aid and

Defender Association Conference and the Defending Immigrants Partnership

Memberships State Bar of Texas

State Bar of Montana

Southern District of Texas

Western District of Texas

District of Montana, Fifth Circuit

Travis County Women Lawyers Association

Austin Young Lawyers Association

Federal Bar Association

Community

Kristin is on the Board of Janes Due Process and Austin Young Lawyers Association. She is

also on the Defender Services Committee

APPENDIX B (SUMMARY OF CAPDS SCREENING PROCESS/REVIEW COMMITTEE PROCESS)

Summary of CAPDS Application Process

Application Process:

225 Total Applications

66% received the same level (150 attorneys)

7% received a higher level (16 attorneys)

15% received a lower level (34 attorneys)

11 attorneys on existing list(s) were not admitted to CAPDS

44% of those receiving a lower level/denied did not meet the minimal trial standards

adopted in the Travis County Fair Defense Plan for their current list

21 attorneys not on the existing program were added to CAPDS

21 applications were denied

Misdemeanor Mental Health 13 still on (59% same) 5 removed 8 added 1 didn’t reapply Felony Mental Health 15 still on (65% same) 12 removed 8 added 1 didn’t reapply Process Described:

1. All applications were submitted electronically 2. Physical addresses checked (2 applications withdrawn in response) 3. CLE Verification 4. Trial Substantiation Review (all attorneys contacted that were lacking any substantiation) 5. Minimal Standards Review to prescreen applications (only 75% of applications met standards for

highest panel requested) – All applications were forwarded to review committee regardless of screening.

6. Judicial input sought 7. Review committee meets to review application 8. Review committee undertakes independent investigations (spoke with judges, mental health

public defender, other attorneys, court staff, and their own experience) 9. Referred some matters for CAPDS staff follow-up 10. 6 of 9 votes needed to place application on a panel 11. Preliminary panels released to judges, CAPDS staff, and court administration 12. Panel released to all attorneys

Principle Statement: While input was sought from the judiciary, fellow defense attorneys, court staff, the mental health public defender, CAPDS staff, and others, no party exercised a veto power over the process. No party was consulted to approve the panels as selected by the review committee.

CAPDS Screening Process

Initial Pass:

All attorneys screened for minimum qualifications misdemeanor and felony lists.

Min. Felony: Attorneys must have tried through closing argument of trial either: (1) at least one felony

jury trial as lead counsel and at least one additional felony trial as a lead or second chair; or (2) at least

three misdemeanor jury trials as lead counsel and acted as first or second chair on at least one felony

trial.

Min. Misd: Attorneys must have tried as lead counsel two misdemeanor or felony jury trials through

closing argument. (Experience as 2nd chair in a felony trial may be substituted for one misdemeanor

trial.)

Secondary Pass:

A Panel Standard: Attorneys must have significant experience with all phases of a criminal practice

including aggravated and first degree felony jury trials as lead counsel; very knowledgeable concerning

criminal law and procedure, and capable trial lawyer.

CAPDS screened for 2 first chair 1st degree felony jury trials.

B Panel Standards: Attorneys must have experience trying misdemeanor and some felony trials to a jury

and before the court and second-chairing serious felony cases; experience trying other contested matters

such as felony pre-trials and probation revocations; capable and knowledgeable but lacking experience in

serious/aggravated felony cases.

CAPDS screened for 1 felony jury first chair.

C List: Knowledgeable concerning criminal law and procedure and possessing trial skills but lacking

significant felony trial experience, some jury trial experience in misdemeanors and, at least as second

chair, in felonies.

CAPDS screened for minimum felony standards.

APPENDIX C (TCFDP-JUDICIAL EVALUATION REQUIREMENT)

9

Adopted November 5, 2014

notification of assignment. This visit must be noted in the Indigent Defense Application by the attorney within three working days.

Suspension or Removal of Attorney from Appointment List and Readmission to List

a. General Competence/Review by Program Administrator.

1. Appointed attorneys are reviewed annually by the Program Administrator through its Review Committee. The judges shall submit an annual evaluation of all appointed attorneys to the Review Committee. These evaluations will be used in the Review Committee’s assessment of each attorney’s performance. The district judges will evaluate the felony list attorneys and the county court at law judges will evaluate the misdemeanor list attorneys. Each judge will evaluate each attorney’s performance and indicate whether the attorney: exceeds expectations, meets expectations, or is below expectations.

2. General Criteria

Efficiency: A. Punctuality-Court appearances, motions, briefs, etc. B. Preparation in all areas C. Efficient use of court time Knowledge: A. Knowledge of individual court’s rules and procedures B. Knowledge of Criminal Law C. Knowledge of Criminal Procedures D. Knowledge of probation programs, sentencing options, etc. Skill: A. Ability to communicate and conduct business with Judges,

court staff, and district/county attorney in a civil and effective manner

B. Ability to deal effectively with clients C. Ability to present legal arguments to court D. Ability to examine witnesses, present objections and perform jury

trial skills. Ethics: A. Follows rules of professional conduct B. Honesty in dealings with court, other lawyers, staff, and

clients

3. TCCA will assist in compiling the judicial evaluations and will forward the reviews to the Program Administrator. At the judges’ discretion judicial evaluations may be anonymous. An attorney who receives at least two “below expectations” ratings from the judges will be presented to the Review Committee for review. A majority of the Review Committee shall vote to take one of the following actions:

1) remove the attorney from the appointments list; or

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APPENDIX D

(CAPDS 2014 APPLICATION)

AND

(COURTS’ PREVIOUS APPLICATION)



(O) 512.472.0279

(F) 512.473.2720

www.CAPDS.org


• •

Deputy Director


October 10, 2014

Fellow Attorneys:

First, thank you for your interest in serving the residents of Travis County through the

defense of our most vulnerable citizens. For those of you who participated in the feedback process,

we sincerely appreciate your time and valuable insights. Based on your suggestions, we have

extended the application period, changed the CLE implementation timelines, and expanded the type

of dispositions we are considering. Your participation is important to the process, and we look

forward to continuing to collaborate with you all to improve indigent defense. Attached you will find

an application for admission to the CAPDS 2015 attorney panels.

As part of the transfer to the CAPDS panels, all attorneys must reapply to the panels of their

choice. We will hold an additional information session on October 23, 2014to assist attorneys with

any concerns. Applications must be submitted by October 27, 2014. You may review the standards

here.

The Review Committee will evaluate applications in mid-November and will make final

determinations on acceptance or removal of qualified attorneys for each panel. Any determination of

the Review Committee regarding acceptance, removal, or level on the panels is final, binding, and

conclusive. The Review Committee will collect more information in this application process than

Travis County has previously, and hopes to work with each of you to determine the best fit for the

panels.

While our new standards create a floor for participation, meeting the requirements do not

guarantee placement on any panel. Approval is entirely at the sound discretion of the Review

Committee. We encourage applicants to fully complete their applications and submit any additional

information they believe is relevant to special skills, experience, and qualifications. The review

committee will consider characteristics including but not limited to the following:

Recency, complexity, and quality of trial work;

Demonstrated competence and knowledge of criminal law, criminal procedure, and skill as a

criminal law practitioner;

Years actively engaged in the practice of criminal law including complexity of matters

handled;

Adherence to the rules of professional conduct, ethical and honest communication, and

reputation for integrity and fair dealings;

Demonstrated commitment to indigent defense;

Demonstrated ability to conduct effective hearings;

Demonstrated ability to persuade and effectively advocate to juries, judges, and prosecutors

Certification as a criminal law specialist;

Diligence in educating oneself;

Punctuality, preparation, and efficiency;

http://www.capds.org/panel-standards.html

Congeniality with peers and compassion for clients;

Demonstrated ability to communicate effectively with judges, attorneys, staff, and clients;

Demonstrated competency in dealing with mentally ill clients, immigration consequences,

and collateral consequence of criminal cases

While this list is not exhaustive, it is intended to demonstrate our commitment to evaluation

of the criminal representation experience. We strongly believe that only those attorneys dedicated to

effective and competent representation should be included on our panels. It is our hope that all of the

excellent attorneys in Travis County will choose to continue to participate and we look forward to

supporting you. Our mission is more than simply picking attorneys for panels. We are here to provide

support, resources, education, mentorship, training, and expertise for those willing to take on the

challenge of representing indigent clients. We look forward to counting you as part of our team to

improve the delivery of indigent defense for all.

Sincerely,

Ira Davis

Executive Director

Application for the 2015 Capital Area Private Defender Service Panels

- 1 -

The Office of Court Administration must receive completed application packets no later than October 27, 2014 to be eligible for consideration. Packets and supporting documentation must be submitted to [email protected]. Incomplete application packets will not be reviewed.

Completed application

Provided a photo with your application. If you are unable to insert photo, please attach to e-mail.

Attached a print out from State Bar website of CLE taken from April 1, 2012 to present if licensed before 11/1/2012 or all CLE taken if license on or after 11/1/2012.

Attached necessary documentation to substantiate trials

Reviewed copy of Fair Defense Act here

Reviewed copy of the CAPDS Standards here

If applying to the Felony Panel, listed two judges who have observed your criminal trial experience

If applying to the Mental Health Panel(s), completed the Mental Health Addendum.

If applying to the Mental Health Panel(s), listed two judges who have observed your representation of mental ill clients

If applying for the Appellate A List, attached copies of five briefs that have been submitted to the Court of Appeals or to the Court of Criminal Appeals. If applying for the Appellate B List, attach copies of two briefs that have been submitted to the Court of Appeals or Court of Criminal Appeals. Former court staff may submit a letter of reference from a judge for whom they have worked in lieu of briefs.

http://www.traviscountytx.gov/courts/files/documents_forms/15_fair_defense.pdf

http://www.capds.org/panel-standards.html


- 2 -

Name:

Which panels do you wish to be considered for?

_____ Felony A Panel

_____ Felony B Panel

_____ Felony C Panel

_____ Misdemeanor Panel

_____ Felony Mental Health Panel

_____ Misdemeanor Mental Health Panel

_____ Appellate A Panel

_____ Appellate B Panel

Which Spanish speaking panels do you wish to be considered for?

_____ Misdemeanor Spanish Panel

_____ Felony Spanish Panels

Photo Uploading Instructions: Convert photo to PDF*. Then, click box above. Click “Browse”. Locate your photo on your computer. Double click the photo. Click “OK”.

*To convert a photo to PDF, open Word. Go toInsert >Picture. Locate photo on your computer. Insert your photo. Then Save file as PDF.


- 3 -

Note: Resumes or other documents providing information about an applicant’s experience/training/education may be submitted with this application; however, this application must be fully completed. We recommend you submit any documentation you believe may be helpful in understanding your qualifications.

Last Name: First Name: Year Licensed: Bar number: Birth Date: Office Address: Home Address: Office Phone: Home Phone: Cell Phone: Fax #: E-mail Address: Are you associated with a law firm? If yes, firm name: Where is this law firm’s principal office located? What is the address of your office or professional space in Travis County? (May supplement later if not known now.)

Phone number to provide to clients: This number is: Monitored by a live person or Cellphone with texting capabilities

EDUCATION/ BACKGROUND

1. Undergraduate School: Date Graduated: 2. Law School: Date Graduated: 3. Other Relevant Education:4. Clinical or specialized education in criminal law:

5. No

Have you ever attended theAdvanced Criminal Law Course or Yes, Rusty Duncan Criminal Law Course? Yes,

When? When? No

6. Date licensed to practice law in Texas: State Bar # 7. Are you fluent in Spanish? Yes No

Any language other than English or Spanish? Yes No If yes, which language(s)?

8. Are you currently in good standing with the State Bar of Texas? Yes No Have you ever been sanctioned or reprimanded by the State Bar? Yes No If yes, explain.Do you have any pending grievances? Yes NoIf yes, explain.


- 4 -

9. Have you ever been found by a court to have provided ineffective assistance of counsel?Yes No If yes, please explain:

10. Have you ever been convicted or placed on deferred adjudication probation for any crimeother than a Class C traffic misdemeanor? Yes No If yes, pleaseexplain:

11. Do you have any pending criminal charges against you other than Class C trafficmisdemeanors? Yes No

If yes, please explain:

EXPERIENCE – GENERAL

Have you previously been accepted to receive appointments in Travis County?

Yes No If yes, when did you last receive an appointment:

How many years have you practiced criminal law as a substantial part of your practice?

Which types of appointments do you currently receive in Travis County? _____ Felony A Appointment List _____ Felony B Appointment List _____ Felony C Appointment List _____ Misdemeanor Appointment List _____ Felony Mental Health Appointment List _____ Misdemeanor Mental Health Appointment List _____ Appellate A Appointment List _____ Appellate B Appointment List

Are you currently on the Travis County Spanish speaker list? Yes No

What percentage of your practice is criminal defense? % Other areas of practice: Percent of Practice % Other areas of practice: Percent of Practice % What percentage of your current practice is criminal appointments? %

What is your current pending total caseload in all counties? Please provide the number of cases in which you are listed as attorney of record: Felony Misdemeanor


- 5 -

Please list the counties in which you represent criminal indigent clients, the percentage of your practice and the number of open cases in each on the day of the application. (Must match TCCP §26.04(j)(4) disclosure if applicable.)

County Percent of Practice % Number of Cases: County Percent of Practice % Number of Cases: County Percent of Practice % Number of Cases: County Percent of Practice % Number of Cases:

In approximately how many criminal cases have you served as lead counsel?

# of Misdemeanor cases: # of Felony cases:

Approximately how many cases, where you acted as lead counsel in 2014, were:

Dismissed # of Misdemeanor cases: # of Felony cases:

Pled # of Misdemeanor cases: # of Felony cases:

Approximately how many cases, where you acted as lead counsel in 2014, involved a contested

hearing: # of Misdemeanor cases: # of Felony cases:

Have you ever served in a criminal prosecutor’s office? Yes No If Yes, when & where (please list dates):

List any speaking or teaching experience:

Total number of criminal law CLE hours in calendar year:

2014 2013 2012

If you were licensed before 11/1/2012 did you complete 10 hours of criminal CLE in 2013?

Yes No N/A

The following are not required to apply, but may be required to receive appointments:

Have you completed at least 11 hours of criminal law CLE in 2014?

Yes No

Have you completed at least 5 hours of criminal appellate law CLE since April 1, 2014?

Yes No

Have you completed at least 3 hours of mental health CLE since April 1, 2014?

Yes No


- 6 -

Have you completed at least 3 hours of immigration law CLE since April 1, 2012?

Yes No

Are you a certified criminal law specialist? Yes No Are you a certified criminal appellate law specialist? Yes No

Briefly describe your legal experience and the type of law you have practiced. Begin with

your present or most recent job and work back.

Employer:

Employment Dates: (Month, Year)

City, State:

From: To:

Description of Law Practiced:

Employer:


City, State:

From: To:


Employer:


City, State:

From: To:


EXPERIENCE – TRIAL

How many criminal jury trials have you tried through closing argument?

Misdemeanor: 1st Chair 2nd Chair

Felony: 1st Chair 2nd Chair

Have you ever tried a capital felony? Yes No If Yes, when,

Court: Outcome:

Defendant name Cause Number:


- 7 -

Please list your 10 most recent trials:

CAUSE # TYPE OF

TRIAL

(TBC/JURY)

COURT FELONY OR

MISD ?

OFFENSE

(DESCRIPTION)

PROSECUTION OR

DEFENSE ?

DATE OF

TRIAL

(MM/YY)

1.*

2.*

3.*

4.

5.

6.

7.

8.

9.

10.

*You must substantiate you 3 most recent trials and any trials listed outside of TravisCounty. (Substantiation could be judgment, docket sheet, transcript, or other document that list you as attorney of record) Attach substantiation separately. For expunged trials a statement from the applicant including the expunction cause number will suffice.)

EXPERIENCE – APPELLATE

Number of appellate briefs filed in felony cases: Number of oral arguments:

Number of appellate briefs filed in misd. cases: Number of oral arguments:

Please list your 5 most recent appeals:

CAUSE # DATE COURT FELONY OR

MISD ?

OFFENSE

(DESCRIPTION)

PROSECUTION OR

DEFENSE ?

DISPOSITION

1.

2.

3.

4.

5.

If you possess any additional appellate experience, please describe briefly

Note: If applying for the Appellate A list, please submit five (5) prior appellate briefs for review or letter from an appellate judge for whom you have worked. If applying for the Appellate B list, please submit two (2) prior appellate briefs for review.


- 8 -

SPECIAL QUALIFICATIONS

Are you licensed to practice in federal court? Yes No

Do you have experience in the military justice system? Yes No

If you possess any additional special qualifications to represent criminal defendants please state

them briefly:

If there are any other materials you wish the Review Committee to consider please submit them

with your application.

By my submission I swear or affirm that the information I provided in this application and

any addendum or attachments are true and accurate.


- 9 -

JUDICIAL OBSERVATION (Required for Felony List Only) Each judge should have observed the applicant represent criminal defendants or observed the applicant try jury or non-jury trials. Please attach letters of recommendation only if the judge listed is not a current or former Travis County Criminal District or Travis County Criminal Court-At-Law Judge.

1) Judge Court If not currently sitting: Address or Email address:

Phone Year(s) when observation occurred: Type of activities observed by reference: 2) Judge Court If not currently sitting: Address or Email address:

Phone Year(s) when observation occurred: Type of activities observed by reference: Letters of references may be submitted as late as November 15th, but must be sent directly to [email protected].


- 10 -

MENTAL HEALTH ADDENDUM

You must complete this section only if you are applying for a mental health panel.

How many times have you served as the lead counsel in the defense of a criminal case

involving a mentally ill defendant, where at least one of the following issues was presented:

competency, sanity or court ordered mental health? (pleas/jury trials/trials before

court/dismissals):

Number of: Misdemeanors Felonies

Have you ever previously accepted a Mental Health Court Appointment?

Yes No

If yes, please indicate which lists you were/are on:

Misdemeanor Mental Health Felony Mental Health

If yes, date of last Mental Health Appointment:

Please list your 10 most recent cases involving a Mentally Ill Defendant:

CAUSE # DISPOSITION

(TRIAL, PLEA,

ETC)

COURT # FELONY OR

MISD ?

OFFENSE

(DESCRIPTION)

MENTAL HEALTH

ISSUE

PRESENTED

DATE OF

DISPOSITION

(MM/YY)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Briefly describe the mental health issues addressed in the above cases:


- 11 -

Explain why you would like to be on the Mental Health Appointment List: Please describe in detail a recent representation of a mentally ill client and how you assisted that person from returning to the criminal justice system:

SPECIAL QUALIFICATIONS If you possess any additional special qualifications to represent mentally ill criminal defendants,

please state them briefly:


- 12 -

JUDICIAL OBSERVATION (Required for Mental Health Panel Only) Each judge should have observed the applicant represent criminal defendants where competency, sanity or court ordered mental health issues were presented. Please attach letters of recommendation only if the judge listed is not a current or former Travis County Criminal District or Travis County Criminal Court-At-Law Judge.

1) Judge Court If not currently sitting: Address or Email address:

Phone Year(s) when observation occurred: Type of activities observed by reference: 2) Judge Court If not currently sitting: Address or Email address:

Phone Year(s) when observation occurred: Type of activities observed by reference: Letters of references may be submitted as late as November 15th, but must be sent directly to [email protected].

NEW APPLICANT (Misdemeanor Appointment List) Application for Court Appointed Attorney System

Of Travis County, Texas

Prepared by: Office of Criminal Courts Administration 1 November 2012

Completed Application, including signature and notary.

Photo *See Criminal Courts Administration Staff for Photo. No outside photos accepted.

Print out from State Bar website of CLE classes taken (must have 10 hours in the area of Criminal Law and Procedure within the last 12 months and be in compliance with the Bar requirements)

Received and Reviewed copy of Fair Defense Act

Please allow for additional time when submitting your application so that Criminal Courts Administration staff can review your application and take your photo.

Note: Resumes or other documents providing information about an applicant’s experience/training/education may be submitted with this application; however, this application must be fully completed.




Date: _______/_______/__________ Name: Birth Date: _______/_______/______ Office Address: ________________________________________________________________ Home Address: ________________________________________________________________ Office Phone: Home Phone: Cell Phone: ___________________ FAX # ______________________ E-mail Address: _____________________________________ Are you associated with a law firm? If yes, firm name: __________________________________

EDUCATION

1. Undergraduate School: Date Graduated: ____/____/____ 2. Law School: Date Graduated: ____/____/____ 3. Other Relevant Education: ________________________________________________ 4. Have you ever attended the Advanced Criminal Law Course? Yes _______ No _______

If yes, when did you attend (date):____/____/_____ 5. Date licensed to practice law in Texas:____/____/____ State Bar # __________________

6. Are you fluent in any language other than English? Which language(s)?______________ _______________________________________________________________________ 7. Have you ever been sanctioned or reprimanded by the State Bar? Yes No

If yes, explain. _________________________________________________________ Do you have any pending grievances? Yes No____ If yes, explain. ___________

______________________________________________________________________________ _______________________________________________________________________________

EXPERIENCE – GENERAL Have you previously been accepted to receive appointments in Travis County? Yes No___

If Yes, when did you last receive an appointment: ____/____/_____

Have you ever served in a criminal prosecutor’s office? Yes No_____

If Yes, when & where (please list dates) : ______________________________________________

_________________________________________________________ _

Have you ever served as the lead counsel in the defense or prosecution of a criminal case?

(pleas/jury trials/trials before court/dismissals):

Yes No If Yes, approximately how many times?

# of Misdemeanor cases: # of Felony cases: ___________




Briefly describe your legal experience and the type of law you have practiced. Begin with your

present or most recent job and work back. Add sheets as needed.

Employer:


City, State:

From: To:


Employer:


City, State:

From: To:


Employer:


City, State:

From: To:


Employer:


City, State:

From: To:


TRIAL EXPERIENCE:

How many criminal jury trials have you tried?

Misdemeanor: 1st Chair_____, 2nd Chair_____, total # tried ______

Felony: 1st Chair ______, 2nd Chair ______, total # tried______

Have you ever tried a capital felony?

Yes No If Yes, when, _________ Outcome: ____________________

Defendant name and Cause # ___________________________________________________




List Your Most Recent Ten Trials

CAUSE # TYPE OF

TRIAL

(TBC/JURY)

COURT # FELONY OR

MISD ?

OFFENSE PROSECUTION OR

DEFENSE ?

DATE OF

TRIAL

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

EXPERIENCE – APPELLATE Number of criminal briefs filed in felony cases: _ Number of oral arguments: ______

Number of criminal briefs filed in misd. cases: Number of oral arguments: ___ __

State types of cases listed above: ________________________________________________

_____________________________________________________________________________________ _____________________________________________________________________________________________________

SPECIAL QUALIFICATIONS Are you a certified criminal law specialist? Yes No ________

Are you licensed to practice in federal court? Yes No ________

Do you have experience in the military justice system? Yes No ________

If you possess any additional special qualifications to represent criminal defendants please state

them briefly:




I believe I am competent to represent defendants, and am applying to represent defendants

charged with the misdemeanor category of offenses.

By my signature I attest that the information I have provided in this application is true and accurate. Date: ____/_____/_____

Signature of Applicant

Date: ____/_____/______

Signature of Notary

MENTAL HEALTH APPOINTMENTS Application for Court Appointed Attorneys

of Travis County, Texas

Prepared by: Office of Criminal Courts Administration 1

*Incomplete application packets will not be reviewed.

Completed Application, including signature and notary.

Photo (if not on file) *See Criminal Courts Administration Staff for Photo. No outside photos will be accepted.

Proof of CLE (must have 10 hours in the area of Criminal Law and Procedure and be in compliance with the Bar requirements)

Received and Reviewed copy of Fair Defense Act

References from two judges who have observed your criminal trial experience with mentally ill defendants. Letters of recommendation are only required from Judges who are not Travis County District or Criminal Court-at Law Criminal Judges. If references are Travis County Criminal Judges, please only list their names on the application.

Note: Please allow for additional time when submitting your application so that Criminal Courts Administration staff can take your photo.

Note: Resumes or other documents providing information about an applicant’s experience/training/education may be submitted with this application; however, this application must be fully completed.




Date: ______/_______/____________

Name: Birth Date: _____/______/_________ Office Address: ________________________________________________________________ Home Address:_________________________________________________________________ Office Phone: Home Phone: Cell Phone: ___________________ FAX # ___________________E-mail Address: ________________________________________

State Bar #:________________ Fluent in Other Language? ______ If yes, what? ____________

EXPERIENCE

Which types of appointments do you currently receive? ______ Appeals ______ Felony A (1st Degree) ______ Felony B (2nd and 3rd Degree) ______ Felony C (State Jail and MTRP) ______Misdemeanor ______ None

Have you ever served as the lead counsel in the defense or prosecution of a criminal case involving

a mentally ill defendant? (pleas/jury trials/trials before court/dismissals):

Yes ______ No ______

If Yes, approximately how many times?

# Misdemeanor _______ # Felony _______

Briefly describe your legal experience and the type of law you have practiced:

LIST YEARS OF EXPERIENCE TYPE OF LAW PRACTICED




List Your Most Recent Cases Involving a Mentally Ill Defendant CAUSE # TYPE OF

TRIAL

(TBC/JURY)

COURT # FELONY OR

MISD

OFFENSE PROSECUTION OR

DEFENSE

DATE OF

TRIAL

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Briefly describe the mental health issues addressed in the above cases: _____________

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

__________________________________________________________________________

Explain why you would like to be on the Mental Health Appointment List: _____________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

__________________________________________________________________________




SPECIAL QUALIFICATIONS If you possess any additional special qualifications to represent mentally ill criminal defendants

please state them briefly:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Have you ever previously accepted a Mental Health Court Appointment? ______Yes ______No

If yes, date of last Mental Health Court Appointment: ______/_______/_______

Do you want to be considered for placement on the Mental Health Misdemeanor List?

______ Yes ______No

Do you want to be considered for placement on the Mental Health Felony List?

______ Yes ______No

By my signature I attest that the information I have provided in this application is true and accurate.

Date: ____/_____/_____

Signature of Applicant

Date: ___/_____/______

Signature of Notary




JUDICIAL REFERENCES (Each reference should have had the opportunity to observe the applicant represent a mentally ill

criminal defendant or to have observed the applicant try jury or non-jury trials in cases related to

mental health issues. Please attach a letter of recommendation from any judge used as a

reference who is not a Travis County District or County Court-At-Law Criminal Judge.)

1) Judge ________________ Court________________ Address________________________

Phone _____________ Year(s) when observation occurred:____________ Type of activities observed by reference: __________________________________________ 2) Judge ________________ Court________________ Address________________________

Phone _____________ Year(s) when observation occurred:____________ Type of activities observed by reference: __________________________________________

APPENDIX E (2015 PANEL LIST)

40 on panel

Alvarenga Selena A Spanish Speaker

Anschutz Kent A

Bailey Kellie A

Brand Steven A

Browning Bill A

Calhoun Alex A

Case Bryan A

Davis Darla A

Del Toro Hector A Spanish Speaker

Dowling Larry A

Erickson James A

Espersen Ray A Spanish Speaker

Evans Jon A

Evans Paul A

Garcia Carlos A Spanish Speaker

Halasz Leslie A

Hines Bill A

Hunt, Jr. Russell A

Jones Rickey A

Kuhn John A

Lauerman Keith A

Martinez Leonard A Spanish Speaker

Mcdaniel Amanda A

Montford Mindy A

Morales Novert A

Needles Tamara A

Payan Ariel A

Reed Richard A

Sampson Mark A

Sauer Lawrence A

Sawyer Joe A

Segura Richard A Spanish Speaker

Shepherd Robb A Spanish Speaker

Stark John A

Urrutia Bradley A Spanish Speaker

Watson Michael A

Weber Tom A

Westenhover John A

White William A

Wood Jacqueline A

A Panel

85 on panel

Bacon Jack B

Ballard Cherie B

Bartos Don B

Bernard Brian B

Blackburn Ben B Spanish Speaker

Bloodworth Peter B

Bode Amber B

Boykin Leslie B

Bryan, Jr. Frank B

Buitron Oscar B Spanish Speaker

Burke Michael B

Butler John B

Campbell Phil B

Carrillo Jesse B Spanish Speaker

Casey Andy B

Chacona Krista B

Chandler Michael B

Craven Elsie B

Crisford Carla B

Del Toro Lucio B Spanish Speaker

Denum Bart B

Downing Edward B

Driscoll George B

Dudley Todd B

Duncan Nicholas B

Eakin Eva B

Earls Jennifer B

Eldridge Chantal B

Farley Tull B

Farrelly Amber B

Finney Jerald B

Fox Bruce B

Gonzalez Guillermo B Spanish Speaker

Grassbaugh David B

Guadarrama Linda B Spanish Speaker

Hansen Barrett B

Harris Robert B

Harron Eric B

Hernandez Raphael B Spanish Speaker

Hildreth Duke B

Hill Andria B

Hindera Cheryl B

Holgate Will B

Holub Chris B

Ivy Frank B

Izaguirre Edgar B Spanish Speaker

B Panel

Jones Richard B

Jones Matt B

Keith Donna B

Lancaster Pamela B

Machado Albert B

Maldonado Ricardo B Spanish Speaker

Martinez Fernando B Spanish Speaker

Martinez Gilbert B Spanish Speaker

Morehart Donald B

Morgan Chris B

Mullowney Lacey B

Nichols Roger B

Nichols Matthew B

Phipps Drew B

Pitts Stephen B

Prust Gary B

Ramirez Carlos B

Ranc Richard B

Rodriguez Cesar B Spanish Speaker

Rosen Eric B

Russell Wade B

Ryle Kathy B

Salinas Jesus B Spanish Speaker

Salzer Katie B

Sanders Sylvia B

Shelton Polk B

Smith David B

Smith Robert B

Spencer Suzanne B

Stott Lance B

Taylor Joe B

Turro Steve B

Urrutia Johnny B Spanish Speaker

Vargas Rene B Spanish Speaker

Weis Dana B

Williams Francis B Spanish Speaker

Williams Nathaniel B

Woodcock Henry B Spanish Speaker

York Laurie B

36 on panel

Acosta Sylvia C Spanish Speaker

Antonio Val C Spanish Speaker

Bachman Marjorie C

Berkel Sue C

Betts Daniel C

Bourque James C

Bridges John C

Cano Juan C Spanish Speaker

Carroll Blair C

Collins Richard C

Daniels Duane C

Fowler Natalie C

Futch Joe C

Garcia Salvador C Spanish Speaker

Garvin Dax C

Gill James C

Heathman Allison C

Hernandez Alfonso C Spanish Speaker

Hoffman Richard C Spanish Speaker

Hooks Shannon C

Keilen Andrea C

Levinson Sean C

Martin T.J. C

Mccarthy Donald C Spanish Speaker

Mcdonald Eric C

Mendez Raul C Spanish Speaker

Morris Zachary C

Ontiveros Eloisa C Spanish Speaker

Rabago Anthony C Spanish Speaker

Shinn Erin C

Shoemaker Jesse C

Spencer Jamie C

Troberman Shelly C

Turner Phil C

Walcutt Paul C Spanish Speaker

Williams Sidney C

C Panel

166 on panel

Acosta Sylvia Yes Spanish Speaker

Alvarenga Selena Yes Spanish Speaker

Antonio Val Yes Spanish Speaker

Aragon Joseph Yes

Bachman Marjorie Yes

Bacon Jack Yes

Ballard Cherie Yes

Bartos Don Yes

Berkel Sue Yes

Bernard Brian Yes

Betts Daniel Yes

Blackburn Ben Yes Spanish Speaker

Bloodworth Peter Yes

Bourque James Yes

Boykin Leslie Yes

Bridges John Yes

Browning Bill Yes

Buitron Oscar Yes Spanish Speaker

Burke Michael Yes

Butler John Yes

Campbell Phil Yes

Cano Juan Yes Spanish Speaker

Carrillo Jesse Yes Spanish Speaker

Carroll Blair Yes

Casey Andy Yes

Chandler Michael Yes

Collins Richard Yes

Collins Stefanie Yes

Craven Elsie Yes

Crisford Carla Yes

Daniels Duane Yes

Davis Darla Yes

Davis Skip Yes

Del Toro Hector Yes Spanish Speaker

Del Toro Lucio Yes Spanish Speaker

Denum Bart Yes

Downing Edward Yes

Driscoll George Yes

Dudley Todd Yes

Duncan Nicholas Yes

Eakin Eva Yes

Eldridge Chantal Yes

Espersen Ray Yes Spanish Speaker

Evans Jon Yes

Evans Paul Yes

Farley Tull Yes

Misd Panel

Farrelly Amber Yes

Finney Jerald Yes

Flores Robert Yes

Flores Rick Yes

Fowler Natalie Yes

Fox Mykal Yes

Franklin Tracy Yes

Futch Joe Yes

Garcia Salvador Yes Spanish Speaker

Garvin Dax Yes

Gentry Richard Yes

GhaemmaghamVictor Yes

Gill James Yes

Gomez Jr Juan Yes Spanish Speaker

Gonnet Leigh Yes

Gonzalez Guillermo Yes Spanish Speaker

Grassbaugh David Yes

Guadarrama Linda Yes Spanish Speaker

Gutzke Susan Yes

Halasz Leslie Yes

Hansen Barrett Yes

Harris Robert Yes

Harron Eric Yes

Heathman Allison Yes

Hernandez Raphael Yes Spanish Speaker

Hernandez Alfonso Yes Spanish Speaker

Hierholzer DiafSarah Yes

Hildreth Duke Yes

Hill Andria Yes

Hindera Cheryl Yes

Hoffman Richard Yes Spanish Speaker

Holgate Will Yes

Hooks Shannon Yes

Hunsberger Dennis Yes

Hunt, Jr. Russell Yes

Ivy Frank Yes

Izaguirre Edgar Yes Spanish Speaker

Jeffers Tanisa Yes

Jones Richard Yes

Jones Rickey Yes

Jones Matt Yes

Keates Robert Yes

Keilen Andrea Yes

Keith Donna Yes

Kercher Margaret Yes

Kuhn John Yes

Lancaster Pamela Yes

Levinson Sean Yes

Lim Eric Yes

Lopez Ramiro Yes Spanish Speaker

Machado Albert Yes

Maldonado Ricardo Yes Spanish Speaker

Martin T.J. Yes

Martinez Fernando Yes Spanish Speaker

Martinez Gilbert Yes Spanish Speaker

Mays Michelle Yes

Mccarthy Donald Yes Spanish Speaker

Mcconnell Brian Yes Spanish Speaker

Mcdonald Eric Yes

Medearis Charles Yes

Mendez Raul Yes Spanish Speaker

Mims Lisa Yes

Mitchell Will Yes

Morales Novert Yes

Morehart Donald Yes

Morel Thuy-Nhi Yes

Morgan Chris Yes

Morris Zachary Yes

Mullowney Lacey Yes

Needles Tamara Yes

Nichols Roger Yes

Nichols Matthew Yes

Ontiveros Eloisa Yes Spanish Speaker

Payan Ariel Yes

Phipps Drew Yes

Pitts Stephen Yes

Prust Gary Yes

Rabago Anthony Yes Spanish Speaker

Ramirez Carlos Yes

Reed Richard Yes

Rew-Hunter Jason Yes

Rodriguez Cesar Yes Spanish Speaker

Rogers Rachel Yes

Rosen Eric Yes

Rueda Florencia Yes Spanish Speaker

Russell Wade Yes

Ryle Kathy Yes

Salinas Jesus Yes Spanish Speaker

Salzer Katie Yes

Sanders Sylvia Yes

Sauer Doran Yes

Segura Richard Yes Spanish Speaker

Shelton Polk Yes

Shepherd Robb Yes Spanish Speaker

Shinn Erin Yes

Shoemaker Jesse Yes

Smith David Yes

Spencer Jamie Yes

Spencer Suzanne Yes Spanish Speaker

Stott Lance Yes

Taylor Joe Yes

Troberman Shelly Yes

Turner Phil Yes

Turro Steve Yes

Urrutia Bradley Yes Spanish Speaker

Urrutia Johnny Yes Spanish Speaker

Van Trease Raleigh Yes

Vargas Rene Yes Spanish Speaker

Walcutt Paul Yes Spanish Speaker

Watson Michael Yes

Weber Tom Yes

Weis Dana Yes

Westenhover John Yes

Williams Francis Yes Spanish Speaker

Williams Sidney Yes

Williams Nathaniel Yes

Wise John Yes

Woodcock Henry Yes Spanish Speaker

York Laurie Yes

Young Gabriella Yes

22 on panel

Browning Bill Yes

Campbell Phil Yes

Chacona Krista Yes

Davis Darla Yes

Denum Bart Yes

Eakin Eva Yes

Eldridge Chantal Yes

Evans Jon Yes

Franklin Tracy Yes


Harris Robert Yes

Hindera Cheryl Yes

Ivy Frank Yes

Jones Matt Yes


Russell Wade Yes

Salzer Katie Yes

Sauer Doran Yes



Walcutt Paul Yes Spanish Speaker


Misd Mental Health Panel

23 on panel

Anschutz Kent Yes

Bailey Kellie Yes

Browning Bill Yes

Campbell Phil Yes

Chacona Krista Yes

Davis Darla Yes

Denum Bart Yes

Evans Jon Yes


Harris Robert Yes

Hindera Cheryl Yes

Ivy Frank Yes

Jones Matt Yes


Lauerman Keith Yes

Phipps Drew Yes

Reed Richard Yes

Russell Wade Yes

Salzer Katie Yes



Weber Tom Yes


Felony Mental Health Panel

Level

Butler John App A

Calhoun Alexander App A

Eldridge Chantal App A

Evans Paul App A

Hooks Shannon App A

Icenhauer-RamLinda App A

Jasuta John App A

Jeffers Tanisa App A

Jones Richard App A

Mahaffey Ken App A

Mcdonald Eric App A

Morgan Christopher App A

Payan Ariel App A

Phipps Drew App A

Prust Gary App A

Reed Richard App A

Ruggles Dal App A

Sherwood Gregory App A

Wetzel Richard App A

Mims Lisa App B

Oprea Karen App B

Appellate Panel

Level

Alvarenga Selena A Spanish Speaker

Del Toro Hector A Spanish Speaker

Espersen Raymond A Spanish Speaker

Garcia Carlos A Spanish Speaker

Martinez Leonard A Spanish Speaker

Segura Richard A Spanish Speaker

Shepherd Robb A Spanish Speaker

Urrutia Bradley A Spanish Speaker

Spencer Suzanne B Spanish Speaker

Blackburn Benjamin B Spanish Speaker

Buitron Oscar B Spanish Speaker

Carrillo Jesse B Spanish Speaker

Del Toro Lucio B Spanish Speaker

Gonzalez Guillermo B Spanish Speaker

Guadarrama Linda B Spanish Speaker

Hernandez Raphael B Spanish Speaker

Izaguirre Edgar B Spanish Speaker

Maldonado Ricardo B Spanish Speaker

Martinez Fernando B Spanish Speaker

Martinez Gilbert B Spanish Speaker

Rodriguez Cesar B Spanish Speaker

Salinas Jesus B Spanish Speaker

Urrutia Johnny B Spanish Speaker

Vargas Rene B Spanish Speaker

Williams Francis B Spanish Speaker

Woodcock Henry B Spanish Speaker

Acosta Sylvia C Spanish Speaker

Antonio Juan Valerio C Spanish Speaker

Cano Juan C Spanish Speaker

Garcia Salvador C Spanish Speaker

Hernandez Alfonso C Spanish Speaker

Hoffman Richard C Spanish Speaker

Mccarthy Donald C Spanish Speaker

Mendez Raul C Spanish Speaker

Ontiveros Eloisa C Spanish Speaker

Rabago Anthony C Spanish Speaker

Walcutt Paul C Spanish Speaker

Gomez Jr Juan Misd Spanish Speaker

Lopez Ramiro Misd Spanish Speaker

Mcconnell Brian Misd Spanish Speaker

Rueda Florencia Misd Spanish Speaker

Spanish Speakers

APPENDIX F

(DATA AVAILABLE IN 2015: TRIAL REPORTS, CLIENT SURVEYS, JUDICIAL

SURVEYS, TRIAL SURVEYS)

3/23/2015 Client Survey

https://docs.google.com/forms/d/1_W_u0L40H0ggkLmdalNHf5cCiaDWYhrTc_T_qD5H9Vw/viewform 1/3

Client SurveyCAPDS values your feedback and appreciates you taking this short survey.

* Required

Attorney's First Name: *

Attorney's Last Name: *

I was able to communicate with my lawyer when needed.

1 2 3 4 5

Never Always

My attorney valued and respected me as a client.

1 2 3 4 5

Never Always

My attorney was familiar with the facts of my case.

1 2 3 4 5

Never Always

My attorney explained the legal process and my right to a trial.

1 2 3 4 5

Never Always

My attorney talked to me about how a conviction might affect my housing, my employment,my immigration status or my driver’s license.

1 2 3 4 5

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Never Always

Based upon your experience with this attorney, would you want him/her representing peopleaccused of crimes more serious than what you were charged with?

1 2 3 4 5

Never Always

Why?

Do you have any other comments you would like to share?

Optional Information

Your race/ethnicity:

Your sex:

Your First Name:

Your Last Name:

Cause number(s) of your case(s):

Please provide a phone number or email address to contact you:



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3/23/2015 Trial Survey

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Trial SurveyPlease complete for each attorney you see in trial.

* Required



Bar Number:

Defendant

Cause Number:

Number of Days in trial:

Type of trial *

Jury

Bench

Attorney Participation: *

First Chair

Second Chair

Other:

The attorney filed appropriate pre-trial motions.

1 2 3 4 5

Never Always

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The attorney was prepared to go to trial.

1 2 3 4 5

Never Always

The attorney was familiar with the facts of the case.

1 2 3 4 5

Never Always

The attorney was familiar with the law of the case.

1 2 3 4 5

Never Always

5. The attorney had a defense theory that was evident from voir dire through closing.

1 2 3 4 5

Never Always

The defense theory was reasonable.

1 2 3 4 5

Never Always

The attorney objected to evidentiary issues where appropriate.

1 2 3 4 5

Never Always

The attorney was prepared for each witness called by the prosecution.

1 2 3 4 5

Never Always

If applicable, defense witnesses were prepared to testify.



1 2 3 4 5

Never Always

The attorney delivered an organized and persuasive closing argument.

1 2 3 4 5

Never Always

If applicable, the attorney was prepared to go forward with the punishment phase of trial.

1 2 3 4 5

Never Always

If applicable, during the punishment phase the attorney presented appropriate mitigation andhad a theory as to why the jury should consider the punishment being proposed by thedefense.

1 2 3 4 5

Never Always

Throughout the trial, the attorney was respectful towards their client.

1 2 3 4 5

Never Always

The attorney conducted himself or herself professionally in front of the jury/court.

1 2 3 4 5

Never Always

Anything else you would like to share?



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Yes

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3/23/2015 Client Complaint Form

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Client Complaint FormIf you are experience a problem with your attorney CAPDS is here to help. Please let us know what is going wrong:

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Cause Number(s):

Your First Name: *

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Please provide a email address to contact you:

Please let us know the nature of the problem:

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TRIAL OBSERVATION REPORT

CAPDS STAFF:

DATE:

COURT/JUDGE:

ATTORNEYS:

TYPE OF CASE:

PARTS OF TRIAL OBSERVED:

VERDICT:

JUDGE/JURY SENTENCING:

OBSERVATIONS:

DISCUSS WITH DEFENSE ATTORNEY(S) OBSERVATIONS:

OTHER COMMENTS:

APPENDIX G

(WORKING GROUP INVITATION LETTER)



(O) 512.774.4208 www.CAPDS.org


• •

Deputy Director


March 9, 2015

Honorable Elisabeth Earle

President

Austin Bar Association

816 Congress Ave – Suite 700

Austin, TX 78701

Amber Vazquez-Bode

Presiding Director

Austin Criminal Defense Lawyers’ Association

1004 West Ave.

Austin, TX 78701

Honorable Elisabeth Earle and Amber Vasquez-Bode:

Having completed our initial panel selections, CAPDS has turned to our on going

responsibility to evaluate panel members and the selection of future panels. In those efforts we are

seeking your assistance. CAPDS is establishing a working group of attorneys to collaborate on

potential evaluation standards and metrics. As you know, evaluating attorney performance is a

complex question requiring the use of both subjective and objective data. Which measures are best

to look to, how those standards are reviewed, and what measures most fairly and accurately represent

attorney performance are only some of the questions this group should examine.

The CAPDS Board of Directors has authorized the creation of a working group consisting of

representatives from the defense bar. This working group will be comprised of members from each

non-profit organization taking part in the managed assigned counsel project. CAPDS asks that

ACDLA name 4 members of their choice and that ABA name 4 members of their choice to serve on

this group. CAPDS will name 4 additional panel members to the working group for a total of 12

attorneys. Each organization should choose members, as they believe appropriate; however, we ask

that all attorneys nominated have at least 1 year experience in criminal law, be prepared to attend

multiple meetings over the next few months, and be comfortable with complex data sets.

As a reminder, the CAPDS Board of Directors is responsible for establishing standards that

meet or exceed those of the Travis County Fair Defense Plan. Adopted standards are applied by the

CAPDS Review Committee to determine individual attorney placement. The working group’s

conclusions and recommendations will be presented to the CAPDS Board of Directors for

consideration. The recommendations of this working group are intended to be instructive to CAPDS,

but are not binding upon CAPDS.

CAPDS looks forward to a successful and productive collaboration in our shared interest of

establishing effective and equitable standards. Please provide your organization’s selection to

Bradley Hargis by March 20th. Our staff will make all necessary arrangements, oversee the work of

this group, and provide any support this group may need.

Sincerely,

Ira Davis

Executive Director

cc: Kellie Bailey

DeLaine Ward

APPENDIX H

(LETTER TO OVERSIGHT COMMITTEE, MARCH 2015)



(O) 512.774.4208

(F) 512.473.2720

www.CAPDS.org


• •

Deputy Director


February 17, 2015

Dear Members of the CAPDS Oversight Committee:

CAPDS is pleased to announce that as of January 2, 2015, we officially began managing

the largest assigned counsel program in the United States. It has been a very busy six weeks, and

we have undertaken a number of actions in furtherance of our ultimate goal of improving the

quality of indigent defense in Travis County. Some of the actions undertaken include:

Creation of CAPDS Assigned Counsel Panels

From October 2014 – December 2014, CAPDS oversaw an application process that

required every attorney seeking to represent indigent clients in Travis County to file an original

application and qualify for inclusion on the assigned counsel panels. CAPDS adopted standards

for assigned counsel that met or exceeded those of the Travis County Fair Defense Plan

(“TCFDP”). With the assistance of Travis County Criminal Court Administration, CAPDS

reviewed each application to ensure that the new standards were met prior to submitting the

applications to the Review Committee.

CAPDS administered a basic criminal law competency test to all panel applicants who

were not on the previous Travis County felony appointment list, tested the Spanish fluency of

applicants requesting to be on the Spanish Panel, and surveyed the judiciary regarding the

abilities of all applicants. An all-volunteer Review Committee consisting of nine highly skilled

criminal defense attorneys, each with more than 10 years’ experience practicing criminal law,

selected a total of 200 attorneys from a pool of 225 applications. In an effort to select the most

qualified attorneys, the Review Committee carefully reviewed each application and consulted the

judiciary and other members of the criminal law defense community with relevant knowledge.

Bench-Appointment Reduction Plan

This key area of compliance was identified as an immediate concern by the Texas

Indigent Defense Commission (“TIDC”). CAPDS worked with the Travis County Judiciary to

ensure the needs of the courts were met while complying with Texas Code of Criminal

Procedure Article 26.04. As of January 5, 2015, CAPDS implemented our “Attorney of the

Day” program to reduce the number of bench appointments (assignments made by Judges

bypassing a rotational system by selecting a particular attorney). Through an online sign-up

system developed by CAPDS, assigned counsel are able to choose days where they have a light

schedule and can be “Attorneys of the Day.” When a court needs an attorney, the court contacts

CAPDS and we dispatch one of the “Attorneys of the Day” who reports to the courtroom. We

have put in procedures to ensure that the same attorneys do not sign-up daily, and the rate of

bench appointments has reduced dramatically. In January 2014, 45.4% of all assignments were

made through a bench appointment, while in January 2015 the bench appointment rate was only

2.1%.

Addressing Client and Judicial Concerns

CAPDS is in a unique position to respond to client and judicial feedback for individual

attorneys. We received complaints from judges about specific attorneys. In those instances, we

have met with the attorneys, solved the problem, and reported back to the Judges. Pre-Trial

Services, jail staff, and Court Administration provide our contact information to clients who call

with complaints about assigned counsel. We were able help an attorney arrange a dismissal for a

client driving in from Lubbock instead of having him return for another setting; we were able to

learn of an attorney’s illness that prevented him from returning calls and contacted his client for

him; and, we assisted an attorney in finding a community resource allowing their client’s case to

be resolved. We have also responded to numerous calls from the public about loved ones who

are either incarcerated or who have just been arrested, and to every extent possible have tried to

assist them.

We take complaints via phone, email, in person or through a webpage. People can remain

anonymous or provide contact information. Regardless of the form of the complaint or the

person complaining, we track each concern and follow-up with everyone. CAPDS is also very

close to finalizing our client satisfaction survey. This survey will be available online from our

website, in the courthouse via dedicated terminals, and through a paper survey process. The

information gathered will allow us to work with attorneys to improve attorney-client

relationships, enhance services for indigent clients, and provide valuable information regarding

attorney performance.

Mentoring

CAPDS has developed programs so experienced counsel can share their knowledge with

attorneys new to the assigned counsel program. Volunteer mentors were assigned to all attorneys

new to Travis County and attorneys who were new to the mental health panel. We are

conducting a series of brown bag lunches on a variety of topics, including: customs specific to

Travis County, a Spanish conversation group, and a misdemeanor panel discussion group.

CAPDS will continue to host brown bags on a regular basis to continue the dialogue between

experienced and newer attorneys.

Attorney Performance Tracking

CAPDS worked with Travis County Courts IT to develop the features of our new

Attorney Management Portal (“AMP”). This new portal consolidates numerous databases to

allow attorneys to more quickly and effectively receive assignments, see information about their

clients, report actions to CAPDS, and track the status of cases and payments. This portal is a first

step in collaborating to meet the needs of defense attorneys while collecting the information

CAPDS requires to verify compliance with the TCFDP. The AMP program is well received and

already is assisting attorneys in their indigent defense practice. CAPDS looks forward to

continued development of this system.

Enforcement of the Travis County Fair Defense Plan

The Travis County Fair Defense Plan requires assigned counsel to visit their incarcerated

clients within a set amount of time and to have a dedicated professional office space to meet with

their clients. The AMP system requires assigned counsel enter in the dates and manner of client

contact before a voucher can be submitted. To further verify that each assigned counsel has

office space, CAPDS sent a letter to each attorney on our panel to the address listed as their

office space. The letter required the attorney to respond in confirmation of their office space. We

are currently processing these responses and should know soon whether every attorney on our

panel does, in fact, have a professional space to meet clients.

Uniform Payment of Vouchers

Prior to January 2015, when assigned counsel submitted their vouchers to individual

judges, the amount of payment could vary depending on the judge. By centralizing the

authorization of payment, CAPDS has begun to develop uniform policies for payment so that all

attorneys know what to expect when they submit a voucher. Assigned Counsel has also been

encouraged to talk to CAPDS about their vouchers, and CAPDS has been able to provide

guidance and structure to the payment system. Attorneys now submit their payment requests

through the AMP system. As the process is electronic, attorneys can track their vouchers through

the payment process and the system is more efficient for the County.

Resources

CAPDS is available to any attorney on the panel who needs help with their case. We have

sat in on a conference call with a “shaken baby” expert, found experts, talked through

suppression issues, jury instructions, trial strategy, and case strategy with attorneys. We are

building an expert database and have begun receiving feedback from assigned counsel on various

experts. CAPDS has also conducted legal research on a few discrete issues in order to assist

assigned counsel with complicated issues.

Training

CAPDS was also chosen by the National Association of Criminal Defense Lawyers to

host their first national training on indigent defense. Nationally renowned instructors will

provide a two-day training on client-centered representation to 80 of our lawyers at no charge.

We are in the early planning stages of designing trial-advocacy training for lawyers that will to

focus on developing and honing trial skills, while increasing confidence in the courtroom. In

partnership with the ACDLA, CAPDS hosts a CLE every Friday afternoon in the courthouse,

providing over 65 hours of free CLE to panel members each year. CAPDS also introduced

stricter CLE requirements for all attorneys on the panels.

Evaluation of Assigned Counsel

CAPDS has begun designing different ways to evaluate assigned counsel. Through

March and April, stakeholders will meet to discuss and develop benchmarks by which assigned

counsel will be more objectively evaluated and monitored. CAPDS is also taking an active role

in day-to-day monitoring of assigned counsel. A CAPDS staff member is present for both the

misdemeanor and felony mental health dockets on Tuesdays, and CAPDS has been watching

trials, talking to judges and observing assigned counsel in the courtrooms. CAPDS will use the

newly developed objective standards for assigned counsel in its annual review of panel members

and application process in Fall 2015. CAPDS will re-open its application process for new

applicants and those seeking different panel assignments on June 1, 2015.

Investigation

CAPDS’s full-time investigator will begin on February 27, 2015. CAPDS chose an

investigator who, in addition to providing investigative services to panel attorneys, will focus on

training attorneys in the value and the use of investigators in representing indigent clients. A

recently published TIDC report, “Guidelines for Indigent Defense Caseloads,” highlights the fact

that defense counsel in Texas charged with representing the indigent are underutilizing

investigators and are not sufficiently investigating cases as required by current ethical standards.

The goal of our investigation program is to not only provide the resources necessary to

thoroughly and competently investigate cases, but also to encourage assigned counsel to seek

investigative services early and frequently. CAPDS believes that investigative services are

essential in providing the best defense possible to indigent clients.

CAPDS is looking forward to working with our partners in Travis County to improve

indigent defense.

Sincerely,

Ira Davis

Executive Director

Bradley Hargis

Deputy Director

Trudy Strassburger

Deputy Director

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