County Court at Law
County Court at Law 2
- County Officials
- County Departments
- Local Links
BURN BAN IS NOT IN EFFECT
SUPPLEMENTS TO LOCAL RULES (Rev. 01/04/2013)
1. Any new misdemeanor cases and all older cases, with attorney, will be set for the closest Jury Trial date 90 -120 days out.
2. Status reports have been discontinued.
3. All Motions for Continuance must be filed at least one week prior to the jury-trial date. If a misdemeanor charge is to be 12.45d into a felony, there must be a 12.45 letter signed by all parties and filed with the Court in order to have the case removed from the docket. If there is no 12.45 agreement on file, the case will remain on the docket for Jury.
4. Pursuant to Senate Bill 1863 the Tom Green County Courts will implement the following compliance plan: All Court Costs and Fines are expected to be paid on the day of the plea or finding of guilt. However, should this not be possible, the following alternative payment plan is approved as follows: a) 100% of Court Cost due on the day of hearing b) 33% of Fines due within 30 days c) 66% of Fines due within 60 days d) 100% of Fines due within 90 days
5. All Motions, including Election on Punishment and Application for Probation, must be filed at least one week before Trial.
6. If a case is set for Jury Selection and is going to plea, that plea must take place on or before Monday morning of Jury week.
7. Bench Trials may not be set without a Jury Waiver signed and filed with the Court, prior to receiving a setting.
8. SCHEDULE OF FEES FOR APPOINTED ATTORNEYS The following guidelines and rules have been approved by the above Courts regarding payment of fees and expenses of attorneys who are appointed under Texas Code of Criminal Procedure §26.05.
I. Fixed Fees
The following fixed fees are approved for all time spent in court on behalf of the defendant, all reasonable and necessary time spent out of court in the case, and all expenses incurred by the attorney in the case, except for such expenses approved by the Court in a prior Order.
II. Hourly Fees, Trial of Non-capital Cases
The Court will determine the appropriate hourly rate based upon the complexity of the case and the experience and ability of the appointed attorney. Except in Capital cases, for services as a trial attorney, the following are the minimum and maximum hourly rates:
Fees based on an hourly rate are subject to a maximum of $3,000.00. This maximum limit is for services
rendered until charges are dismissed, the defendant is acquitted, completion of trial and any post-trial
proceedings in the trial court (including filing and presenting a Motion for New Trial), or the attorney is
relieved of duties by the court or replaced by other counsel.
If an attorney is appointed to represent a Defendant in multiple cases and the attorney requests a fee
based on an hourly rate, the attorney shall submit one request for attorney fees that is for all time spent
on all of the cases. Unless requested by the court, it is not necessary for the attorney to divide the time
among the several cases. Fees based on an hourly rate are subject to a maximum of $3,000.00. This maximum limit is for services rendered for all appellate services.
III. Expenses and Non Standard Fees
Except as provided below, attorneys should request approval from the Court for expenses before incurring the following: travel, investigation, expert witness fees and other expenses. Following are the guidelines for expenses:
Investigation and Expert Witnesses: Investigation expenses and expert expenses are governed by the Code of Criminal Procedure Articles 26.05(d) and 26.052(f), (g) and (h). See also the “Second Supplement to Tom Green County Indigent Defense Policy” dated June 24, 2003. Ordinarily, investigation by private investigators shall be at a rate not to exceed $35.00 per hour for investigation and $25.00 per hour for travel.
IV. Request for Attorney Fees
“No payment shall be made under this section until the form for reporting the services performed is submitted and approved by the court and is in accordance with the fee schedule for that county.” Texas Code of Criminal Procedure Art. 26.05.
The Courts have approved a form “Request for Attorney Fees”, a copy of which is attached. If an attorney is requesting a fixed fee, the attorney must complete Section I of the Request. If the attorney is requesting a fee based on an hourly rate, the attorney must complete Section II of the Request, including attaching a time sheet that describes the date services were performed, a brief description of those services, the time spent (which must be in increments of 1/10th of an hour), and the hourly rate requested. Claims for either services, expenses or both will be considered only if properly documented.
V. Non Standard Fees and Miscellaneous Provisions
In the interest of justice, for just cause, or in exceptional cases, the Court in its discretion may approve fees that differ from this schedule. These rules and guidelines are adopted in compliance with the Texas Code of Criminal Procedure and may be amended at the discretion of the Courts.