Upshur County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Citation

The clerk must receive service instructions before citations will be prepared.

Citations will not be prepared until instructions are provided to the clerk.

CRITICALCriminal cases

Applies to

Order

The Presiding Judge must sign an order that substantially conforms to the form order in Exhibit G.

The Presiding Judge shall sign an order than substantially conforms to the form order attached as Exhibit "G".

CRITICALCriminal cases

Applies to

Attorney fee voucher

Claims for appointed-attorney compensation and expenses must be submitted to the Court on the prescribed Attorney Fee Voucher.

It is ORDERED that compensation for attorney's fees and expenses, submitted to the Court on the prescribed Attorney Fee Voucher, shall be on a case-by-case basis as determined by the Judge.

CRITICAL

Applies to

Subsequent pleading

To obtain issuance after filing, file a subsequent pleading requesting issuance and include the appropriate fees.

If you do need issuance after filing ... procedure will be file subsequent pleading requesting issuance with appropriate fees.

CRITICALCriminal cases

Applies to

Notice

The notice of contest must include a copy of the trial court's revised payment order.

The attorney shall attach a copy of the trial court's revised payment order to said notice.

CRITICALCriminal cases

Applies to

Motion

The appeal motion must include the listed case, offense, appointment, disposition, appearance, conference, and payment-itemization information.

The appealing attorney shall set forth in his motion the following information: The cause number, style and caption of the case; The type and classification of the offense; The date the attorney was appointed; The date the case was disposed; Whether the case was disposed of by dismissal, plea, bench trial, or jury trial; The date and length of each court appearance within the nearest one-tenth of an hour, if the attorney is requesting to be compensated based upon an hourly fee; The date of each office conference or jail conference and the time spent within the nearest one-tenth of an hour; A copy of any itemization submitted to the trial court for the purpose of payment including a statement of each date a service was rendered, the type of service rendered, the time expended in the rendering of said service, the expenses incurred, and a statement explaining any attached vendor's invoice or expert's services invoice;

CRITICAL

Applies to

Issuance request

To have issuance mailed back, provide a self-addressed envelope with correct postage; otherwise, issuance is held until proper fees are paid.

If you require the issuance be mailed back to you, YOU MUST PROVIDE A SELF-ADDRESSED ENVELOPE WITH CORRECT POSTAGE OR ISSUANCE WILL BE HELD UNTIL PROPER FEES ARE PAID.

CRITICALCriminal cases

Applies to

Request for expenses

An expense request must state, as applicable, the investigation or expert sought, supporting facts, and an itemized list of anticipated expenses.

The request for expenses must state, as applicable: The type of investigation to be conducted or the type of expert to be retained; Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and An itemized list of anticipated expenses for each investigation or each expert.

CRITICALCriminal cases

Applies to

Expense reimbursement request

A. In capital and non-capital felony criminal cases appointed counsel will be be reimbursed for reasonable expenses that are incurred upon motion and application. Whenever possible prior court approval should be obtained before expenses are incurred.

A. In capital and non-capital felony criminal cases appointed counsel will be be reimbursed for reasonable expenses that are incurred upon motion and application. Whenever possible prior court approval should be obtained before expenses are incurred.

CRITICALCriminal cases

Applies to

Revised payment order

The trial court must file a copy of any revised payment order with the Presiding Judge.

The trial court shall file a copy of the revised payment order with the Presiding Judge of the Administrative Judicial Region.

CRITICAL

Applies to

Tro or protective order request

Filers requesting a TRO or protective order must follow the local hearing rules for that request.

If a TRO or Protective Order is being requested, the Filer must adhere to local rules for TRO or Protective Order for hearings.

CRITICALCriminal cases

Applies to

Magistrate record

The magistrate must make a record of the warnings and admonitions concerning indigent accused persons’ right to appointed counsel.

Make a record of the magistrate warnings and admonitions regarding the right to court appointed counsel for indigent accused persons;

CRITICALCriminal cases

Applies to

Magistrate record

The magistrate’s record must include the arrest and appearance dates and times, whether the accused was informed of and asked about requesting counsel, and whether the accused requested counsel before the magistrate.

The magistrate shall record the following: - 1. The date and time the accused was arrested and the date and time when he/she was brought before the magistrate. - 2. Whether the magistrate informed the accused of the right to request appointment of counsel and asked the accused whether he/she wants to request counsel. - 3. Whether the accused requested appointment of counsel The magistrate shall record the following: before the magistrate.

CRITICALCriminal cases

Applies to

Request for counsel forms

A defendant released before the initial appearance may obtain and submit the required counsel-request forms through the Court Coordinator, and the court will rule on requests submitted this way.

If a defendant is released from custody prior to the initial appearance, the forms required to request counsel may be obtained at the Texas Indigent Defense Commission's website at http://tidc.tamu.edu/public.net/ or from the Court Coordinator at 405 N. Titus, Gilmer, Texas 75644. The defendant may submit these forms to the Court Coordinator at 405 N. Titus, Gilmer, Texas 75644. The court will rule on all requests for counsel submitted in this manner.

CRITICALCriminal cases

Applies to

Motion

The appeal motion must attach the disapproval order, if any, and the county's attorney fee schedule adopted under the Texas Fair Defense Act.

The appealing attorney shall attach the following documents to the motion: A copy of the trial court's order disapproving the requested court appointed attorney's fee, if any; and A copy of the county's attorney fee schedule adopted pursuant to the Texas Fair Defense Act.

CRITICALCriminal cases

Applies to

Affidavit of indigence

The magistrate must provide the defendant with an Affidavit of Indigence and reasonable assistance completing the forms.

Provide defendant with an Affidavit of Indigence and reasonable assistance in completing said forms;

CRITICALCriminal cases

Applies to

Request for court appointed counsel

In felony cases, the magistrate must immediately transmit the defendant’s request for appointed counsel to the 115th District Court Coordinator.

The magistrate shall immediately transmit the defendant's Request for Court Appointed Counsel in felony cases to the 115th District Court Coordinator.

CRITICALCriminal cases

Applies to

Expense reimbursement request

In capital felony cases, reimbursement of counsel’s reasonable expenses requires court approval granted upon motion and application.

B. In capital felony criminal cases appointed counsel will be reimbursed for reasonable expenses that are incurred provided court approval has been granted upon motion and application.

CRITICALCriminal cases

Applies to

Application for appointed counsel

When an accused is charged with a felony and misdemeanors, the Justice of the Peace must promptly deliver the application to the 115th District Court Coordinator.

If the accused is charged with a felony along with misdemeanors, the Justice of the Peace shall promptly deliver the application to the 115th District Court Coordinator for appointment of counsel.

CRITICALCriminal cases

Applies to

Misdemeanor appointment documents

In misdemeanor cases, the magistrate must immediately transmit the listed orders and application documents to the County Clerk.

The Magistrate shall IMMEDIATELY transmit the Probable Cause Order, the Affidavit of Indigence, Defendant's Request for Court Appointed Counsel and Order Appointing Counsel to the County Clerk in misdemeanor cases.

CRITICALCriminal cases

Applies to

Application for court appointed attorney

The application for a court-appointed attorney must be completed under oath.

THIS FORM SHALL BE COMPLETED UNDER OATH

CRITICALCriminal cases

Applies to

Motion

The appeal motion must describe unusual efforts in representing the defendant, give the fee-order signing date, and explain in detail how the disapproval deviated from the county's approved fee schedule.

Any factors that require unusual effort on the attorney's part to overcome in the representation of the defendant including but not limited to, need for an interpreter, uncharged crimes and Penal Code Section 12.45 issues, multiple defendant, etc.; The date the fee order, the subject of the motion, was signed; A detailed statement by the attorney explaining how the trial court's order disapproving the requested court appointed attorney's fee deviated from the county's approved fee schedule adopted under the Texas Fair Defense Act.

CRITICAL

Applies to

Subsequent filing

For a pending case, the filer must enter the cause number when submitting the pleading as a subsequent filing.

If it is a pending case, the Filer must insert the cause number, and the Pleading will be referred to as a subsequent filing.

CRITICALCriminal cases

Applies to

Amended affidavit

I understand that I have a continuing duty to file an Amended Affidavit within 30 days of the date any of the above information changes.

I understand that I have a continuing duty to file an Amended Affidavit within 30 days of the date any of the above information changes.

CRITICALCriminal cases

Applies to

Fee voucher

Appointed attorneys must submit a fee voucher to the court for services rendered.

An appointed attorney shall fill out and submit a fee voucher to the court for services rendered.

CRITICALCriminal cases

Applies to

Motion

The attorney must file the original motion with the clerk where the case is pending and certified copies with the Presiding Judge and the trial court.

The appealing attorney shall file the original of the motion with the clerk of the court in which the case is pending, and shall file a certified copy of the motion with the Presiding Judge of the Administrative Judicial Region and with the trial court.

CRITICALCriminal cases

Applies to

Notice

If a revised order resolves the dispute to the attorney's satisfaction, the attorney must file a notice withdrawing the appeal with the Presiding Judge, after which the motion is moot.

If a revised payment order is entered resolving the dispute to the satisfaction of the appealing attorney, the attorney shall filed with the Presiding Judge a notice withdrawing the appeal. The motion will then be deemed moot and no further action will be taken by the Presiding Judge of the Administrative Judicial Region.

CRITICALCriminal cases

Applies to

Sworn application for court appointed attorney

Each defendant requesting appointed counsel must complete and file a Sworn Application for Court Appointed Attorney.

At the Magistrate's Probable Cause hearing, each defendant shall be provided an opportunity to request court appointed counsel, if indigent. Each requesting defendant shall complete and file a Sworn Application for Court Appointed Attorney (See Exhibit A).

CRITICALCriminal cases

Applies to

Expense reimbursement claim

C. Appointed counsel may incur investigative or expert expenses without prior approval of the court on presentation of a claim for reimbursement, the court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonable incurred. Unreasonable or unnecessary expenses will not be approved.

C. Appointed counsel may incur investigative or expert expenses without prior approval of the court on presentation of a claim for reimbursement, the court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonable incurred. Unreasonable or unnecessary expenses will not be approved.

CRITICALCriminal cases

Applies to

Denial

The denial must state its reasons in writing and be attached to the confidential request.

State the reasons for the denial in writing; Attach the denial to the confidential request; and

CRITICALCriminal cases

Applies to

Amended affidavit

Should any change in this information occur, I understand that I must within 30 days of such change file an Amended Affidavit with the 115th District Court in Gilmer, Texas.

Should any change in this information occur, I understand that I must within 30 days of such change file an Amended Affidavit with the 115th District Court in Gilmer, Texas.

CRITICALCriminal cases

Applies to

Public Appointment List application

To qualify for a Public Appointment List, an attorney must certify under oath to the court that the attorney meets the minimum qualifications and will personally represent each appointed client.

To be eligible for placement on each list, attorneys must certify under oath to the respective court that he or she has met the following minimum qualifications and that he/she shall personally represent each client to whom he or she is appointed.

CRITICALCriminal cases

Applies to

Request for payment of fees and expenses

Requests for payment of fees or expenses must be submitted to the Court on the prescribed Attorney Fee Voucher.

Request for payment of fees and/or expenses shall be submitted to the Court on the prescribed Attorney Fee Voucher.

CRITICALCriminal cases

Applies to

Waiver of right to counsel

When the court determines that a defendant has voluntarily and intelligently waived counsel, it must provide a statement substantially in the prescribed form, and a signed statement must be filed as part of the proceedings’ record.

If the court determines that the waiver is voluntarily and intelligently waived, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings. “I have been advised this ___ day of ___, 2___, by the (name of court) Court of my right to representation by counsel in the case pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel. (signature of defendant)"

CRITICALCriminal cases

Applies to

Attorney fee voucher

The attorney fee voucher includes the attorney’s certification that the information is true and correct and that the claimed compensation and expenses were reasonable and necessary.

21. Attorney Certification – I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.

CRITICALCriminal cases

Applies to

Written findings

When disapproving compensation, the judge must issue written findings stating the approved payment amount and each reason for departing from the requested amount.

If a judge disapproves a request for compensation, the judge shall make written findings, stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.

CRITICAL

Applies to

Cover letter

A filer requesting issuance must provide service instructions in a separate e-filed cover letter.

If issuance is requested the Filer will need to give instructions on how service is to be obtained by a separate e-Filed cover letter.

CRITICALCriminal cases

Applies to

Application for appointed counsel

When a person charged with a felony requests appointed counsel, the Justice of the Peace must promptly deliver the application to the 115th District Court Coordinator.

If the accused is charged with a felony and requests court appointed counsel, the Justice of the Peace shall promptly deliver that person's application for appointed counsel to the 115th District Court Coordinator for appointment of counsel.

CRITICALCriminal cases

Applies to

Annual report

Each listed attorney must submit the annual percentage of practice time devoted to specified county appointments on the prescribed form.

By October 15 each year each attorney on the Court Appointment Lists for Misdemeanors, Felonies, Felony Appeals and Juveniles shall submit to Upshur County (on a form prescribed by the Texas Indigent Defense Commission) the annual percentage of the attorney's practice time that was dedicated to work based on appointments accepted in the county under Texas Code of Criminal Procedure Article 26.04 and Title 3 of the Texas Family Code for the preceding year from October 1 through September 30.

CRITICALCriminal cases

Applies to

Sworn Application for Court Appointed Attorney

Each defendant requesting appointed counsel must complete and file a Sworn Application for Court Appointed Attorney.

Each requesting defendant shall complete and file a Sworn Application for Court Appointed Attorney (See Exhibit A).

CRITICAL

Applies to

Pleading

Pleadings must use real names in both the style and the body.

You must use real names in the style and the body of your pleading (FC102.008).