Forum on Cost-Effective Indigent Defense Systems in Texas

September 17, 2002   -  Texas Law Center , Austin

Agenda

8:30 a.m. – 9:15 a.m.

Overview of Cost-Effective Managed Indigent Defense Systems

    A brief overview of basic structures, advantages and disadvantages of:

- cost-effective private assigned counsel systems

- cost-effective private contract attorney systems

- cost-effective public defender systems (urban and rural)

9:15 a.m. - 11 a.m.      (Break from 9:45-10 a.m. )

 Managed Private Attorney Appointment Systems

    An in-depth discussion of cost-effective assigned counsel and contract counsel systems that appoint private attorneys to represent indigent defendants. The discussion will examine how various private counsel models can successfully address issues such as the following:

- Attorney selection and compensation: achieving attorney independence with accountability

- Attorney qualifications

- Attorney performance

- Attorney training

- Determining whether a client is indigent

- Special challenges in misdemeanor appointments

- Utilization of investigators and expert witnesses

- Clients with specialized issues (juveniles, non-English speakers, mentally ill, immigrants, capital offenses)

- Single county and multi-county programs

- Special challenges for rural programs

- Hybrid private attorney/public defender systems

- The role of prosecutors and law enforcement in the system

- Administrative efficiency and minimizing judicial burdens

- Funding and cost containment

 (At least one half hour of this discussion will focus on ethics issues, such as avoiding conflicts in a hybrid system, guarding against malpractice by ensuring quality representation and enforcing attorney qualifications, and achieving attorney independence with accountability.)

11:00 a.m. - 11:15 a.m.     Break

11:15 a.m. – 12:15 p.m.

Urban Public Defender Systems 

    A discussion of ways in which public defender programs can be used to provide cost-effective indigent defense representation in urban areas.  The discussion will examine how various public defender models can successfully address issues such as the following:

- Management and oversight: maintaining accountability and professional independence

- Attorney assignment and compensation: achieving attorney independence with accountability

- Attorney and staff qualifications

- Attorney and staff performance

- Attorney and staff training

- Determining whether a client is indigent

- Special challenges in misdemeanor representation

- Utilization of investigators and expert witnesses

- Clients with specialized issues (juveniles, non-English speakers, mentally ill, immigrants, capital offenses)

- Single county and multi-county public defender programs

- Hybrid public defender/private attorney systems

- The role of prosecutors and law enforcement in the system

- Maximizing administrative efficiency and minimizing judicial burdens

- Funding and cost containment

 (At least 15 minutes of this discussion will focus on ethics issues such as maintaining attorney independence with accountability, handling conflict issues with a hybrid system, and balancing cost containment with quality representation.)

12:15 p.m. - 12:45     Break for buffet lunch.

12:45 p.m. - 2 p.m.   (working lunch)

 Rural and Non-Urban Public Defender Systems

     A discussion of ways in which public defender programs can be used to provide cost-effective indigent defense representation in rural areas.  Subtopics will include issues identified above under the urban public defender session, but this discussion will focus on the unique challenge these issues present in rural and non-urban counties.

(At least 15 minutes of this discussion will focus on ethics issues such as maintaining attorney independence with accountability, handling conflict issues with a hybrid system, and balancing cost containment with quality representation.)

2:00pm – 3:00pm   Break 

3:00 p.m. – 4:00 p.m.

Funding Indigent Defense Systems

    This will be a joint session conducted both for participants in this Forum on Cost-Effective Indigent Defense Systems in Texas and participants in the Annual Conference of the American Council of Chief Defenders (ACCD).  It will take place at the Omni Hotel in downtown Austin , the site of the ACCD conference. 

    The challenges of funding indigent defense, containing costs, and getting the most value from scarce resources is an issue confronting every indigent defense system in Texas and across the country.  This session will examine ways to make the most effective use of limited county and local funding, state funding, funding from national and private grant programs, and funding derived from defendants.

MCLE accreditation pending; 5.5 participatory hours, including 1 full hour of ethics.