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Vernon's Texas Rules Annotated - VTRA TX R MONTGOMERY CTY INDIG DEF Appointment Designee

Current as of January 01, 2024 | Updated by Findlaw Staff

The Board of Judges (District and County Court at Law) shall appoint one or more Appointment Designees (AD) as the appointing authority for indigent defense. The AD will be under the supervision of the OCA. The Board of Judges shall determine the duties and responsibilities and compensation of the AD.

A. The arresting officer, or the person having custody of the defendant, shall ensure that every defendant shall be brought before a magistrate without unnecessary delay, but not later than 48 hours after the person is arrested for proceedings under Article 15.17 of the Texas Code of Criminal Procedure. Unless the defendant was arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, the magistrate must complete and file the necessary forms establishing probable cause at the time the defendant is booked into jail for any felony or misdemeanor punishable by incarceration.

B. For defendants appearing before a magistrate in the Montgomery County Jail, the Office of Indigent Defense will ensure assistance in completing an Affidavit of Financial Condition for the arrestee prior to the magistrate court. If defendant requests court appointed attorney at the time of magistration, the Office of Indigent Defense certifies the accuracy of their Affidavit for the purpose of determining eligibility for court appointed counsel.

C. Magistration

1. At the Magistrate's hearing, the magistrate shall determine if the defendant can speak and understand English, or if the defendant is deaf. After making such determination, the magistrate shall ensure that the defendant receives the information with the assistance of an interpreter in a manner consistent with Texas Code of Criminal Procedure Articles 38.30 and 38.31.

2. A defense attorney assigned to the Magistration and Bail Review hearing will be present at the Magistration to assist the defendant through the hearing,

3. The appointment of counsel at the Article 15.17 hearing shall be for the limited scope of representation of the indigent arrested person during the magistration process and related solely to probable cause, the determination of bail, and bail conditions for arrested persons. The arrested person shall be appointed counsel for the remainder of the case according to the procedures set in this indigent defense plan. The limited scope appointment is concluded upon the termination of the Article 15.17 hearing, and no motion to withdraw is necessary

4. The Magistrate shall:

a. Advise the defendant of the accusation against him/her and any affidavit filed therewith.

b. Admonish the defendant of: the right to retain counsel; the right to remain silent; the right to have an attorney present during any interview with peace officers or attorneys representing the state; the right to terminate an interview at any time; the right not to make a statement and that any statement made by the accused may be used against him/her; and the right to an examining trial.

c. Inform the defendant of the right to appointed counsel if the person cannot afford counsel and the procedures for requesting appointment of counsel and inquire as to whether the defendant requests that counsel be appointed.

d. Provide defendants requesting appointed counsel with necessary forms for request of appointment of counsel and ensure that reasonable assistance is provided to the defendant for completion of the required forms at the time of the magistrate's hearing.

5. In cases where the defendant was arrested without an arrest warrant, bench warrant, capias, or other order of magistrate or judge, the magistrate shall determine if there is probable cause to believe the defendant committed the offense.

6. The magistrate shall set the amount of bail and any conditions of bond for the defendant, if bail is allowed by law and has not been set by the court or magistrate issuing a warrant.

7. If the defendant is not satisfied with the bail amount given by the magistrate, the defendant may request a bail re-hearing at the 15.17 hearing. This re-hearing will occur the next working day.

8. The magistrate shall record the following:

a. The date and time the defendant was arrested and the date and time when he/she was brought before the magistrate.

b. Whether the magistrate informed and explained to the accused the right to counsel.

c. Whether the magistrate informed the defendant of the right to request appointment of counsel and the magistrate asked the defendant whether he/she wants to request counsel.

d. Whether the defendant requested appointment of counsel

9. If the magistrate is not authorized to appoint counsel and if the defendant requests appointment of counsel, the magistrate shall transmit or cause to be transmitted the magistrate form and any other forms requesting appointment of counsel to the OCA (the appointing authority). The forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the defendant requests appointment of counsel.

10. If the magistrate is authorized to appoint counsel, the magistrate shall make a determination of indigence and shall appoint counsel within one working day after receipt of request for counsel consistent with Article 15.17 of the Texas Code of Criminal Procedure.

11. For persons arrested on out-of-county warrants, the magistrate will ask the defendant if he/she would like to request appointed counsel. The magistrate will record the response, and if counsel is requested, the Office of Indigent Defense will provide the arrestee with the appropriate forms for requesting counsel. The Office of Indigent Defense will ensure assistance in completing the forms at the same time. The forms will be transmitted to the appointing authority in the county issuing the warrant within 24 hours of the request being made.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R MONTGOMERY CTY INDIG DEF Appointment Designee - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-montgomery-cty-indig-def-appointment-designee/

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