Vernon's Texas Rules Annotated - VTRA TX R MONTGOMERY CTY INDIG DEF Qualifications for Appeal Minimum Attorney Qualifications for Appeal Cases

1. Ensure all information on their application is correct;

2. Must be a licensed practicing attorney and a member in good standing of the State Bar of Texas;

3. Complete a minimum of six (6) hours of CLE in the area of criminal law and procedure each year. The attorney must file a certificate with the court administration office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in criminal law. Continuing legal education activity completed within a one year period immediately preceding an attorney's initial reporting period maybe used to meet the educational requirements for the initial year. Continuing legal education activity completed during any reporting period in excess of the minimum of six (6) hours for such period may be applied to the following period's requirement. The carryover provision applies to one year only;

4. The attorney may not have been the recipient of any public disciplinary action by the State Bar of Texas or any other attorney licensing authority of any state or the United States within the last Three (3) years;

5. Maintain their principal law office in Montgomery County, Texas. The attorney must disclose the geographic location by city or town and physical address of their principal office. The attorney shall have only one principal office;

6. The ability to produce typed motions and orders, and the attorney's office shall be capable of receiving email, fax, and telephone calls; and

7. Notify the OCA office promptly, in writing, of any change of address or contact information and of any matter that would disqualify the attorney by law, regulation, rule or under these guidelines from receiving appointments to represent indigent defendants.

8. An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in Montgomery County for adult criminal cases for the prior 12 months that begins on October 1 and ends on September 30. The report must be submitted through the online form to the Texas Indigent Defense Commission.

9. All attorneys shall reapply biennially for approval to the Public Appointment List(s) and must be approved by a majority of the District Court Judges handling criminal cases. The application renewal date is July 01, 2015, and on the same day of every other year thereafter.

a. An attorney must meet at least one of the following criteria:

b. The applicant attorney must also submit a writing sample to be reviewed by the Judges.

a. Lead trial counsel must be on the list of attorneys approved by the local selection committee of this Administrative Judicial Region for appointment as lead counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

b. Second chair counsel must be on the list of attorneys approved by the local selection committee of this administrative judicial region for appointment as lead trial counsel or second chair counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

c. Appellate counsel must be on the list of attorneys approved by the local selection committee of this administrative judicial region for appointment as appellate counsel in death penalty cases, as provided in Article 26.052, Texas Code of Criminal Procedure.

1. Make every reasonable effort to contact the defendant by the end of the first working day after the date on which the attorney is appointed and to interview the defendant as soon as practicable after the attorney is appointed.

2. Represent a defendant until the charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is relieved of his duties by the Court or replaced by other counsel after a finding of good cause is entered on the record.

3. Perform the attorney's duty owed to the defendant in accordance with these procedures, the State Bar of Texas Performance Guidelines of Non-Capital Criminal Defense Representation, the requirements of the Code of Criminal Procedure, and applicable rules of ethics.

4. Manage attorney's workload to allow for the provision of quality representation and the execution of the responsibilities listed in these rules in every case.