Fact Sheet

Texas Spends Less Than Most Comparable Southern States on Indigent Defense

and Places Far More of the Cost Burden on Counties

®          Financing for indigent defense in Texas has improved significantly since the Fair Defense Act took effect in January of 2002.

®          Even with current spending, Texas spends less per capita on indigent defense than most comparable Southern states (see attachment: data compiled by the Spangenberg Group through the Bar Information Project of the American Bar Association).

®          Prior to 2002, Texas was one of only four states that provided no state funding for indigent defense.

®          Even with the new state funding for indigent defense that began in January 2002, Texas places on counties a far greater share of the cost burden for indigent defense than comparable Southern states (see table below).

®          In the legislative session completed in June of 2003, the Texas Legislature approved additional modest increases in state funding for indigent defense.  These increases reflect a commendable commitment to improving indigent defense, but will still leave approximately 90% of the indigent defense cost burden on Texas counties.

Table © 2003 American Bar Association, used here with permission.

Prepared for the Bar Information Program of the American Bar Association’s Standing Committee on Legal Aid and Indigent Defendants by The Spangenberg Group (1001 Watertown Street, West Newton, MA 02465 (617) 969-3820).