Capital Area Private Defender Service
Standards for Admittance to the Capital Area Private Defender Panels
Minimum Standards for All Panels
Attorneys must be an active member in good standing with the State Bar of Texas
Attorneys must reside in Travis County or an adjoining county.
Attorneys residing outside of Travis County must maintain an office in Travis County. Attorneys residing in Travis County may maintain either an office in Travis County or some other professional space for purposes of meeting clients, witnesses, and professional consultants in Travis County.
Attorneys must keep files for each case, either physical, electronic, or a combination of physical and electronic for at least five years after the disposition of the case. The case file, at a minimum, should include the charging instrument, discovery received from the State, information concerning the defense investigation, and notes reflecting important communications and actions taken with reference to the case.
In order to begin to receive appointments attorneys must have completed 3 hours of immigration CLE in the last 3 years. Attorneys must complete 15 hours of criminal law CLE every calendar year, including 1 hour of ethics relating to the practice of criminal law, 3 hours of Mental Health CLE, and 1 hour of immigration CLE. Attorneys who are board certified in criminal law by the Texas Board of Legal Specialization and show proof of that certification need only additionally show compliance with the immigration and mental health CLE requirements.
Attorneys must have a secretary, receptionist, answering service, or a cell phone with texting capabilities. Attorneys must have an active e-mail account to receive appointments and notices regarding procedural changes. Attorneys must respond promptly to communications from the court or CAPDS.
Attorneys must promptly notify the CAPDS in writing of any matter that would disqualify the attorney from receiving appointments to represent indigent defendants. This notification shall describe the specific reason for the disqualification. Attorneys should be aware they must report exceeding caseload limits of 90 felonies or 100 misdemeanors as required by the Travis County Fair Defense Plan. This limit includes retained and appointed cases in all counties.
After approval by the Review Committee, attorneys must attend a general orientation conference regarding the operation of the Capital Area Private Defender Service before accepting appointments.
Attorneys must comply with TCCP Article 26.04(j)(4) and submit by October 15th of each year a summary of their work as outlined.
Attorneys should be aware that these standards could change in subsequent years.
Attorneys should be aware that additional requirements to remain on a panel may be adopted.
All new applicants 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.
Additional Qualifications for the Misdemeanor Panel
Attorneys must have a minimum of one year of work experience in practicing criminal law.
Attorneys must have tried as lead counsel two misdemeanor or felony jury trials through closing argument. (Experience as 2nd chair in a felony trial may be substituted for one misdemeanor trial.)
Additional Qualifications for the Felony Panels
Must have practiced criminal defense law on a regular basis for a minimum of two years or served as a prosecutor in a county or district attorney's office for at least two years.
Attorneys must have tried through closing argument of trial either: (1) at least one felony jury trial as lead counsel and at least one additional felony jury trial as a lead or second chair; or (2) at least three misdemeanor jury trials as lead counsel and acted as first or second chair on at least one felony trial.
Attorneys may be placed, at the discretion of the review committee, on one of the following felony panels:
A Panel (Felony 1st): Attorney must have significant experience with all phases of a criminal practice including aggravated and first degree felony jury trials as lead counsel, be very knowledgeable concerning criminal law and procedure, and be a capable trial lawyer. To be eligible for the A Panel attorney must have tried at least two (2) 1st degree felonies to a jury through closing arguments as lead counsel.
B Panel (Felony 2nd and Felony 3rd): Attorney must have experience trying misdemeanor and some felony trials to a jury and before the court and second-chairing serious felony cases, be experience trying other contested matters such as felony pre-trials and probation revocations, and be capable and knowledgeable but lacking experience in serious/aggravated felony cases. To be eligible for the B Panel attorney must have tried at least one (1) felony to a jury through closing arguments as lead counsel.
C Panel (State Jail Felonies and Probation Revocations): Attorney must be knowledgeable concerning criminal law and procedure, possess trial skills, and have required jury trial experience in misdemeanors and felonies.
Additional Qualifications for the Appellate Panels
Attorneys must demonstrate knowledge concerning criminal law, criminal and appellate procedure, and must have prior experience analyzing appellate records and filing criminal appeals.
In order to continue to receive appointments after April 1, 2015 attorneys must have completed 5 hours of criminal appellate CLE in the last year. Attorneys must complete 5 hours of criminal appellate law CLE every calendar year.
Placement on an panel will be based in part on:
A Appellate Panel: Attorneys placed on this panel must have prior experience in felony trial work or substantial appellate experience. At least five prior appellate briefs, along with any other requested data, shall be submitted for review. Attorneys having served as a staff attorney for a judge of the Courts of Appeal or the Court of Criminal Appeals may submit a letter of reference from that judge and other materials that demonstrate proficiency in appellate law in lieu of 5 briefs. The brief submission requirement contemplates the submission of a fully developed brief. An Anders brief alone will NOT satisfy the brief submission requirement. The complexity of the appellate work done will be a factor in determining eligibility and placement on the A level appellate panel.
B Appellate Panel: Attorneys placed on this panel must have experience in appellate work at the misdemeanor, class A or B levels. At the time of application, two briefs evidencing prior appellate experience shall be submitted for review with any other relevant information.
Minimal Qualification for the Mental Health Panel
- Attorneys must meet all qualifications for the Misdemeanor Panel to be considered for the Misdemeanor Mental Health Panel.
Minimal Qualification for Spanish Panels
Attorneys must meet all qualifications for panel level and demonstrate sufficient ability to communicate in the Spanish language. Ability will be tested in both spoken and written form.