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The Spangenberg Group Works With the Texas Task Force on Indigent Defense

     In Texas, counties have the primary responsibility for funding and organizing indigent defense services. Counties can opt to use a court-appointed counsel, public defender or contract counsel system to provide indigent defense services, or they can use some combination of these models. The Texas Task Force on Indigent Defense was created as part of significant reforms to Texas' indigent defense system enacted in the 2001 Fair Defense Act (still commonly referred to as the bill's number, SB 7). The Task Force provides state formula grants to counties, whose costs increased from the reforms put in place by SB 7. In addition, the Task Force develops minimum standards of quality indigent defense services; monitors and assists counties in meeting those standards; and works to bring consistency, quality control and accountability to indigent defense practices in Texas.

      A statewide study of indigent defense in Texas prepared by The Spangenberg Group in 2000 for Texas Appleseed played a significant role in helping to persuade Texas legislators to enact SB 7. As with many of our projects, The Spangenberg Group's involvement in Texas did not end once our study was completed. We have been working with the Task Force to help fulfill its mission to improve indigent defense in Texas. To this end, TSG recently completed three studies for the Task Force, all pertaining to public defender programs. Out of the state's 254 counties, only seven have a public defender office.

     The Task Force is interested in improving existing public defender offices and encouraging other counties to consider a public defender system. Thus, The Spangenberg Group evaluated two county systems with public defender programs, Wichita County and Dallas County, and helped prepare a Blueprint for Creating a Public Defender Office in Texas to be used by counties considering a public defender office.

     Among other changes codified by the Fair Defense Act is a process for counties to create a public defender office that no longer requires special legislation to be passed. As a result, the process of creating a single-county or regional public defender office is now less cumbersome for counties. The Blueprint for Creating a Public Defender Office was prepared to provide background on the pros and cons of different types of indigent defense delivery systems (assigned counsel, contract counsel or public defender) and to provide practical assistance to those county officials who feel that a public defender model would serve their county well. Contributions to the document, which sets out legal, economic and administrative factors for counties to consider when creating public defender offices, were also provided by county officials, lawyers, judges and other professionals working in the Texas criminal justice system. The Blueprint is available on the Task Force's website: http://www.courts.state.tx.us/tfid/TFIDentrance.htm.


For more information contact tsg@spangenberggroup.com

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