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County Courts at Law
McLennan County Courthouse
501 Washington Ave., Room 210
Waco, Texas 76701
Phone: (254) 757-5030
Fax: (254) 757-5013
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Advisories
Local Court Rules Are Now Online!
County Holiday Schedule
Court Appointments (March 11, 2013)
The CAA
is individually
and primarily
responsible to
the Court
for the
defendant’s representation. Members
of the
CAA’s legally
organized law
firm
may appear
in Court
on behalf
of the
Defendant in place
of the
CAA ONLY
if a)
they have
met
with
and advised
the defendant
prior to
the appearance,
or
b) if
the CAA
has a
legitimate
conflict. Repeated
failure
of the
CAA to
appear with
defendants
in Court may result in removal of the CAA from
the court-appointment list.
Payment for Initial Interview
in Court-Appointed Cases
In 2012,
the County
Courts at
Law revised
the initial
visit fee
policy to
allow payment to
the CAA
for initial interviews
occurring in
locations other
than the
jail. The
purpose was
two-fold:
1) to compensate CAAs
in a
manner
consistent with
district court
procedures, and
2) to
encourage prompt
interviews with defendants following appointment.
26.04(j)(1), Texas
Code of
Criminal
Procedure, requires the
CAA to
contact the
defendant no
later than the
end of
the first
working day after
the
date of
appointment,
and to
interview the
defendant as soon
as
practicable
after the
appointment.
[Subsection (k)
reflects the
importance of
subsection (j)
to the Legislature.]
1.
The
CAA
MUST
personally conduct the
initial interview
1) by
video-conference
or in
person with the
defendant in
jail; 2)
in the
CAA’s office; or,
3) in
the courtroom, (subject
to certain restrictions.)
2.
The “initial contact” is NOT considered an “initial
interview” for initial interview (formerly
“initial visit”) requisition
purposes unless
it includes
an initial
interview with
the defendant. The
term “visit” is synonymous
with “interview.”
3.
Only one initial
interview is
required, and
only one
initial interview
requisition may
be submitted per
defendant, regardless of
the number of
cases or
when the
attorney
is
appointed
on those cases.
The only
exception will
be if, following final disposition
of all
of the
CAA’s cases
for that defendant, the CAA receives a another appointment
for the defendant.
4.
If a
CAA is
assigned to
both felony
and
misdemeanor
cases
for a
defendant, the
initial interview requisition may
only be filed in the District Court.
5.
In accordance with
local rules,
the initial
interview must occur
within ten
(10) days
after the
date of appointment. A
requisition for
initial interviews
occurring after
ten (10)
days
must be
accompanied by
a written statement from
the attorney
demonstrating
good cause
for the
delay and
due diligence
by the attorney
to attempting
to conduct
the interview,
or they
will be
rejected. A
simple
indication on the face of the form will suffice, unless a
more substantial explanation appears appropriate.
6.
Requisitions may not be
submitted
for
an “in
court” initial
interview which
occurs on
a date
the defendant is scheduled to appear in Court subsequent to the date of the
appointment of the attorney.
Payment for Services Other Than Initial
Interview in Court-Appointed Cases
CAA payment requisitions
containing errors,
duplicating
previous requisitions,
or seeking
payment
in individual cases resolved in the same
transaction are becoming a problem.
1.
Claims for payment for any
matters
disposed of
in the
same
transaction
must be
submitted
in a single
requisition,
showing information for
all
matters, other
than the
case in
which the
requisition is filed, in
the section entitled “Enter additional cases disposed of in this transaction.”
2.
The term
“the same transaction”
includes, but
is not
limited
to cases
resolved in
court in
the same
proceedings. “The
same
transaction” also
includes
multiple cases
resolved in
a single
plea agreement,
regardless of
when or
where the
formalities or
mechanics
are completed, as
well as
multiple
cases resolved in different courts on the same
date.
Examples:
a.
Pending,
filed cases
pled during
the same
proceedings
in the
same court
must be
combined in one requisition.
b.
Pending, filed cases
pled in
different courts
on the
same
day
must be
combined
in one requisition, submitted
in either court.
c.
Requisitions for two
or more
cases involving
motions
to
revoke
probation
or motions
to adjudicate guilt
may be
filed separately
ONLY
when those
cases are
heard separately
in different courts
or by
separate judges,
(e.g. two
revocation cases,
one heard in CCL#1
and the
other in CCL
#2; however,
three revocation
cases, one
heard in
CCL #1
and two
heard in CCL
#2, a single requisition must be submitted
in CCL #2 reflecting both cases.)
d.
A plea
agreement is
reached which
provides for
the refusal
or dismissal
of a
charge or charges
and the
defendant’s plea
to one
or more
other cases.
A dismissal is
filed or
a DA
letter of disposition
is generated
prior to
or after
the court
proceedings. The
dismissal/refusal must
be included in the requisition for the plea(s).
3.
A cause with multiple counts is considered
a single case for purposes of a CAA requisition.
4.
Requisitions are
mandatory
elements of
the “plea
papers,” and
must
be submitted at
the time of
the court proceedings.
If a
claim
for payment is
submitted
for
multiple
cases pending in
different
Courts, but
after by
a single
Judge, it
must
be submitted to
the Judge
who actually
heard the
cases. (NOTE: The
filing of
separate requisitions
for cases
pending in
different Courts
but heard
by one
Judge will
be considered a serious violation of the rules and could result in your
removal from
the CAA list.)
5.
A request
to depart
from the
fixed payment scale
adopted by
the Courts
should be
itemized.
If the CAA
itemizes
his/her time on
any case,
the requisition
must
also itemize for
all other
cases disposed
of in the same transaction.
6.
Any service
reported on
an itemized requisition
which was
performed
by the
attorney’s
staff (e.g. paralegal
research and
drafting, legal
assistant’s telephone
calls to
client, interviews
by non-attorney staff)
must be reported as such, and will be paid accordingly.
7.
If a
CAA ceases
to practice
criminal
law, either
permanently
or for
an extended
period of
time,
or changes his/her primary office
to another
county or
State, the
attorney will
be removed from
the CAA list and all pending cases will
be reassigned to another CAA on the regular rotation.
Procedure
for Jail
Pleas
(March 11, 2013)
Unless amended herein, all existing
procedures for jail pleas remain in
effect.
Beginning March
21, 2013,
jail pleas
will be
heard by
attorney
in
the order
that the
Court Administrator
receives your
last set
of completed plea
documents,
not in
the order the attorney checks
in at
the McLennan
County Jail.
The earlier
all of
your plea
papers for
all defendants are
processed in the Administrator’s office,
the earlier your cases will be heard on the jail docket.
As the
attorney turns
in plea
papers, you
will print
your name on
a list
in the
administrator’s office. If you
deliver additional or corrected plea papers, or plea papers for other defendants,
at a later time, your name
will be moved to the end of the list.
Multiple defendants
represented by
the same attorney
will be
bundled automatically into
one group, based
upon the
time
the entire
group (i.e.
all defendants)
of completed papers
is received
in the Administrator’s office.
The jail
personnel will
adopt a
check-in deadline
for attorneys
reporting for
jail pleas.
All defendants
whose attorney
does not
personally check
in by
that deadline
will be
moved
to or
placed at the end of the list by the Sheriff’s office, in the order the attorney
arrives.
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