Williamson County Indigent Defense Review: Project Kick-Off

Transcription

1 1 Williamson County Indigent Defense Review: Project Kick-Off October 18, 2013 Carl Reynolds, Senior Legal and Policy Advisor Jessy Tyler, Research Manager

2 Council of State Governments Justice Center 2 Presentation Outline Justice Center Dimensions of the Review Williamson County Filing Trends

3 Council of State Governments Justice Center CSG - national non-profit, non-partisan membership association of state government officials that works with members of all three branches of state government CSG Justice Center - provides practical, nonpartisan advice in criminal and juvenile justice, informed by the best available evidence Council of State Governments Justice Center 3

4 Justice Center s Texas Office Closely Tied to State and National Indigent Defense Council of State Governments Justice Center Executive Sessions on Indigent Defense at Harvard 2002-Present Led Task Force on Indigent Defense strategic planning Former Executive Director of Office of Court Administration

5 Justice Center s Most Recent Prior Work Reviewed Harris County Public Defender Office Council of State Governments Justice Center 5

6 Council of State Governments Justice Center 6 Ongoing Work with Texas and National Indigent Defense Projects HB 1318 Maximum Allowable Caseload Study Panel Members Travis County Indigent Defense Values Committee Re: Managed Assigned Counsel

7 Council of State Governments Justice Center 7 Presentation Outline Justice Center Dimensions of the Review Williamson County Filing Trends

8 Justice Center Will Review Both Policy and Practice Against Legal Requirements Local Rules Plan for Williamson County Actual Practice in Williamson County Texas Fair Defense Laws Williamson County Indigent Defense Plan Fair Defense Act Council of State Governments Justice Center 8

9 Council of State Governments Justice Center 9 Mapping Caseflow in Williamson County s System Assessment of attorney appointment requires determining the number of defendants who reach each box and the amount of time it takes to move through the process. The review will assess not only timeliness, but also recordkeeping and reporting, attorney qualifications and selection, and other state law compliance.

10 Systemwide Data Historical Trends and Current Conditions Used to Frame the Big Picture Council of State Governments Justice Center 10 Source of Data & ; Office of Court Administration Source of Data Example Analysis Type of Data Type of Data Available Annually Provides: Attorney fees; investigation expenditures; expert witness expenditures; other ligation expenditures By: county; by category of service; by case type; by individual court. Ad hoc search capabilities Provides: criminal cases added; convicted; deferred; acquitted; dismissed; and sentenced By: crime type; county; court; and time period of interest defined by user. Financial information Provides: Revenue and expenditures for public safety and the judiciary By: year; court; court type

11 Williamson County will Assist through Provision of Specific Datasets to Explore Trends Council of State Governments Justice Center 11 Data Request Source Case Management Standard Operating Procedures Budget IDER FY 2013 and FY 2014 Case Filing and Disposition Client Contact Information Booking and Magistration Stakeholder Input Indigent Defense Plan County Court and District Court Williamson County Budget Office Williamson County Auditor s Office (received FY 2013) County Court and District Court Survey of Defense Bar Magistrate Records (current or data collection instrument implementation) Interviews (starting today) TIDC

12 Approximate Deliverables Schedule has Justice Center Conclude Work in Spring 2014 Council of State Governments Justice Center 12 Approximate Weeks from Start Task to Be Accomplished Deliverable Approximate Deliverable Date 1 1 NA NA 2 to to to to 25 5 Current Assessment Report (PowerPoint) Requirements Report (PowerPoint) Alternatives Report (PowerPoint) Procurement for Solution Document Project Plan for Implementation Report (PowerPoint) Final Project Report (Written) January 10, 2014 January 31, 2014 March 7, 2014 April 11, 2014

13 Council of State Governments Justice Center 13 Presentation Outline Justice Center Dimensions of the Review Williamson County Filing Trends

14 Total Case Filings Increased for Felony and Juvenile and Slowed for Misdemeanor Total Case Filings Change in Williamson County, FY 2008 to FY 2013 Felony Misdemeanor Juvenile Total Filings FY ,803 9, ,829 FY ,793 9, ,439 FY ,047 9, ,341 FY ,022 10, ,534 FY ,064 11, ,689 FY 2013* 2,138 9, , Change +19% -3% +13% +1% Court Type District County District Number The 395 th District Court splits time between juvenile cases and other duties. * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports Williamson County Data Sheet, Texas Indigent Defense Commission, available at: 14

15 15 Just Over Half of FY 2013 Cases Had Appointed Counsel Total Cases Receiving Appointed Counsel in Williamson County, FY 2013* Felony Misdemeanor Juvenile Total Williamson County 2,138 9, ,920 Appointed Counsel 1,293 4, ,091 Percent Indigent FY % 48% 70% 51% 51% of cases had appointed indigent defense counsel with the highest percentage for juvenile cases * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports

16 Big Increase in Felonies from FY 2009 to FY 2010 Drove Overall Increase for Last Five Years 16 2,500 Total Felony Filings in Williamson County, FY 2008 to FY ,000 1,500 1, % More felony filings in FY 2013 than FY FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports

17 Proportion of Felony Cases Paid Stayed Around 60 Percent Over Five Year Period Total Case Filings and Cases Paid in Williamson County,, FY 2008 to FY ,500 2,000 1,500 1, Total Case Filings Change in Williamson County, FY08-FY13 Felony Felony Paid Percent Paid FY ,803 1,068 59% FY ,793 1,243 69% FY ,047 1,224 60% FY ,022 1,221 60% FY ,064 1,182 57% FY 2013* 2,138 1,293 60% Change +19% +21% 0 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 Felonies Added Felony Cases Paid * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports 17

18 Misdemeanor New Case Filings Had Four Years of Growth and then a One Year Decrease in FY Total Misdemeanor Filings in Williamson County, FY 2008 to FY ,000 10,000 8,000 6,000 4,000-3% Fewer misdemeanor filings in FY 2013 than FY ,000 0 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports

19 19 Proportion of Misdemeanor Cases Paid Tripled in Five Years 12,000 10,000 8,000 6,000 4,000 2,000 0 Misdemeanor Filings and Proportion Indigent in Williamson County, FY 2008 to FY 2013 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 Total Case Filings Change in Williamson County, FY08-FY13 Misd Misd Paid Percent Paid FY ,669 1,506 16% FY ,168 2,622 29% FY ,826 3,242 33% FY ,043 3,372 34% FY ,171 3,741 33% FY 2013* 9,379 4,514 48% Change -3% +200% * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports

20 Juvenile Filings Hit a High Point in FY 2009 and Then Steadily Dropped Total Juvenile Filings in Williamson County, FY 2008 to FY % Additional Juvenile Filings in FY 2013 than in FY FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports

21 Proportion of Indigent Juvenile Cases Variable Over Period as Total Number Paid Decreased Juvenile Filings and Proportion Indigent in Williamson County, FY 2008 to FY Total Case Filings Change in Williamson County, FY08-FY13 Juvenile Juvenile Paid Percent Paid FY % FY % FY % FY % FY % FY 2013* % Change +13% -6% 0 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 * FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports

22 Appellate Cases Have Remained Stable Appellate Cases Paid and Attorney Payout Per Case in Williamson County, FY08-FY13 Felony Appeals Misdemeanor Appeals Juvenile Appeals Total Appeals FY FY FY FY FY FY 2013** * Change -27% +100% -19% ** FY 2013 data collected in October 2013, so likely to change as courts enter final/full reports * TAMES search of Third COA showed 17 criminal appeals filed in FY 2013 with Williamson County as a party 22

23 23 Findings on General Trends Although overall case filings increased by one percent for the county, the pattern varied by case type with a big increase in felonies, a slight decrease for misdemeanors, and a steady decline following a big increase in juvenile. Proportion of indigent cases remained steady for felony cases, increased substantially for misdemeanor, and varied for juvenile. Williamson County averages just over 13 appellate cases per year and had exactly 13 in FY 2013.

24 Council of State Governments Justice Center 24 We Are Excited About the Project Thank You! Carl Reynolds Senior Legal and Policy Advisor This material was prepared for Williamson County. The presentation was developed by members of the Council of State Governments Justice Center staff. Because presentations are not subject to the same rigorous review process as other printed materials, the statements made reflect the views of the authors, and should not be considered the official position of the Justice Center, the members of the Council of State Governments, or the funding agency supporting the work.