Capital Area Private Defender Service
Where can I get the application?
Applications are currently closed.
How do I complete the application?
You must the save the application to your computer and fill it out using Adobe Acrobat on a PC or Acrobat/Preview on a Mac. Do not use a browser (Internet Explorer, Safari, Firefox, or Chrome) to complete the application. Your work WILL NOT be saved. CAPDS suggests you test your ability to save the application by completing a small portion of the application, saving your changes, closing the application, and reopening the application with Adobe or Preview to confirm your changes are being saved properly.
What version of Adobe do I need to use (PCs only)?
We strongly suggestion you confirm you are using the most recent version of Adobe. You can download version XI at http://get.adobe.com/reader/?promoid=HRZAC.
What do I do when I have finished the application?
You email the electronic copy of the application to court administration at CAPDS.AttorneyApplications@traviscountytx.gov. Do not print and scan the application. You should attach the file you completed to your email and send it. You may email any supporting documentation you wish with the application. Supporting documents can be attached as separate PDFs.
What if I have problems with the application process?
In order to assist attorneys who are still having difficulties with the application, CAPDS and court admin will sponsor a computer lab on 7th
floor of the CJC outside of the 390th (Room 7.004) on the following dates from 11:00 am to 2:00 pm:
o Thursday, October 16th
o Tuesday, October 21st
o Friday, October 24th
You are encouraged to bring your own laptops if possible.
Do I need a computer to complete the application?
CAPDS and court administration will provide a limited number of computers in the computer lab on 7th floor of the CJC outside of the 390th
(Room 7.004) on the following dates from 11:00am to 2:00pm:
o Thursday, October 16th
o Tuesday, October 21st
o Thursday, October 23rd (AFTER THE INFOSESSION)
o Friday, October 24th
Will I be penalized if I don’t know the exact number of cases I’ve handled?
No. Attorneys are expected to use good faith estimates where necessary. Questions asking for significant periods of reporting will necessarily require some estimation. As a general rule the more recent the experience the more accurately you are expected to report it. Attorneys are expected to answer questions honestly and to the best of their ability. Intentional or gross misrepresentation of an attorney’s experience is
grounds for denial of any panel placement.
How do I find out the cases I have handled or the cases I have tried?
Attorneys may search for all misdemeanors they’ve handled in Travis County at http://deed.co.travis.tx.us/ords/f?p=105:1:29248413321375::::P1_SEARCH_TYPE:DA. You are able to search for your cases by your name. This will assist with questions on the application pertaining to the number of cases pled and dismissed. On this website, dispositions are easily displayed for each case. Unfortunately, you are not able to print documents from this website. If you need documentation for misdemeanor trials, you must go directly to the County Clerk’s Office or use materials available in your files. These online records go back to 1981. Any records before 1981 are not available electronically.
For felony case documentation, you must have an ARRO account with the District Clerk’s Office. An account can be requested at: DistrictClerkRecordsSearch.support@co.travis.tx.us. On this website, you may also get a list of your cases; however, in order to see dispositions, you must select the cases individually. In this system, you are able to download documents to support your jury trial requirements. You can download the ARRO request form here.
Similar information can be found in Williamson County http://judicialrecords.wilco.org/default.aspx. By clicking on Criminal Case Records attorney
may search by their name and may limit the searches to cases opened or closed in a specific time frame. On this website, dispositions are easily displayed for each case. Unfortunately, you are not able to print documents from this website. If you need documentation not contained in your files you must go directly to the County or District clerk.
Similar information can be found in Hays County at http://public.co.hays.tx.us/default.aspx. However, CAPDS is aware that the Hays County
system may not be as reliable as Travis or Williamson.
What counts as a dismissal?
In counting dismissals, please include any case where a Motion to Dismiss was granted. In Travis County, this includes deferred prosecutions, pretrial diversions, class C reductions, pretrial intervention, and felonies dismissed and refiled as misdemeanors. It does not include 12.45s. Please use your best judgment in other jurisdictions.
If I am on the court appointment list do I need to reapply?
Yes. All attorneys wishing to participate in the CAPDS program must submit a new application. Participation in the current court appointment system will be considered as a relevant factor by the review committee, but current participation or list level will not guarantee similar placement in the CAPDS program.
Can I get on the panels if I don’t meet the minimum requirements?
Not at this time. Our contract with Travis County requires that all attorneys meet or exceed the requirements of the Fair Defense Plan. CAPDS cannot offer any exemptions to existing standards. You can view the requirements here and the Travis County Fair Defense Plan here. We hope in mid-2015 to introduce a mentorship program that will address attorneys who do not currently meet the qualifications of the panels. Regrettably some attorneys may currently be on the court appointments system, but will not qualify under the CAPDS program.
Do I have to take an exam to participate in the CAPDS program?
Maybe. Attorneys not currently on a felony appointment list, in Travis County, must take a basic criminal law competency exam. The attorney’s score on the exam will be one of the factors taken into account by the Review Committee in the decision whether to recommend that the attorney be placed on a particular list, if any, and whether to require additional CLE as a condition of being placed on a particular list.
What type of Office/professional space do I need?
CAPDS is working with attorneys to develop reasonable requirements that ensure attorneys have an appropriate private and professional space to meet clients, witnesses, and experts. At this time, attorneys may use traditional private offices, shared office space, virtual office space agreements, and home offices assuming they hold out their home office as a place of business. For an office to be acceptable an attorney must publish this address on their web site, business card, and/or letterhead. Each attorney must make their own determination of what professional space they wish to maintain. CAPDS reserves the right to visit an attorney’s space and to change these standards in the future.
How many hours of CLE do I need to apply?
Attorneys licensed before November 1, 2012 must have completed a minimum of 10 hours of criminal CLE, including 1 hour of ethics in calendar year 2013. If you did not complete 10 hours of criminal law CLE in 2013 you are not eligible to apply.
Attorneys licensed on or after November 1, 2012, may apply without any criminal law CLE hours.
All attorneys must complete 11 hours of criminal CLE in calendar year 2014, including at least 1 hour of ethics, to receive appointments through the CAPDS program.
You can view future CLE requirements here.
Do out of State CLE hours count?
Yes, as long as the continuing legal education complies with the requirements of the State in which it was taken and demonstrates from the title or other supporting documentation that the topics meet our specific requirements. Once admitted to a panel all required CLE must be approved for MCLE credits in Texas.
Do self-study hours count?
Yes, as long the hours were completed in one of the required areas self-study hours will count for calendar year 2013 or 2014. In 2015 all hours must be taken in CLE instruction.
What is the caseload limit?
The limit remains the same as adopted by the Travis County Fair Defense Plan. Attorneys exceeding either active 90 felonies or 100 active misdemeanors CASES in ALL counties, including both retained and appointed, will not be eligible to receive further appointments. When an attorney reaches either limit, he will not receive either felony or misdemeanor appointments until he is below the exceeded limit.
Attorneys exceeding this caseload limit may still apply and be admitted to a panel. Attorneys will not receive assignments under the CAPDS program as long as they exceed either caseload limit.
Will CAPDS effect my existing appointments?
No. Any case appointed before January 1, 2015 will be unaffected by the CAPDS program.
How will I submit my vouchers?
For cases appointed before January 1, 2015 attorneys will submit paper vouchers to the judges. For cases appointed on or after January 1, 2015, will be submitted electronically through the Attorney Management Portal (“AMP”).
Will CAPDS file policy invade the attorney-client or attorney work product privilege?
No, CAPDS will not examine attorney-client or attorney work product privileged documents. It is not necessary to violate either privilege for an attorney to demonstrate that a file exists and that discovery and/or investigation was undertaken. There may be cases where clients choose to waive their privilege in a request to review a specific matter. This process is well established in the bar grievance process.
Will CAPDS billing policy invade the attorney-client or attorney work product privilege?
No, attorneys may accurately report their efforts without disclosing details that might violate privilege. This is the same obligation attorneys currently have to the court. Attorneys may see Ethics Opinion 559 for detail.