Landmark Indigent Defense Reform
Texas Appleseed helped build a reform movement, which ultimately resulted in passage of the
Fair Defense Act in 2001. This law fundamentally changed the way that lawyers are appointed to poor
people who are accused of crime in Texas. It has been hailed by legal experts as the most important piece of
indigent defense legislation in the country in the last quarter century.
Since the passage of the Fair Defense Act, indigent defendants in many Texas counties are now getting better-qualified
attorneys appointed to their cases more quickly. In addition, many counties now appoint attorneys from a rotating list,
instead of relying solely on judges’ discretion—thereby removing the risk of favoritism and cronyism in those appointments.
This work has formed the foundation of Texas Appleseed’s ongoing work to provide better legal representation to juveniles and
to persons with mental disabilities.
Project Background
In December 2000, Texas Appleseed released its “Fair Defense Report: Analysis of Indigent Defense Practices in Texas.”
The report studied the indigent defense systems of 23 Texas counties and gave advocates, legislators and the public a wealth of
new information about Texas’ indigent defense system.
Texas Appleseed’s findings were sobering. In some instances, defendants had languished in jail for weeks and even months
before getting a court-appointed attorney. Also, the quality of legal representation varied greatly from county to county
and even within counties. At worst, defendants got lawyers who were grossly unqualified to handle their cases.
Since this law passed, Texas Appleseed has:
Joined with the Equal Justice Center in releasing a guide (November 2001) for counties to use in drafting their mandated
county indigent defense plans.
Partnered with the Equal Justice Center on a comprehensive study of 95 county plans describing adult indigent defense
procedures in 80 counties. This study resulted in a report, “Quality of Initial County Plans Governing Indigent Defense in
Adult Criminal Cases" (March 2002), the first in a series studying Fair Defense Act implementation.
Worked with state lawmakers to preserve the reforms passed in 2001.
Expanded our work to address the fair defense of juveniles and persons with mental health and mental
retardation—producing handbooks (English and Spanish) for attorneys and families to help these defendants
navigate the criminal justice system.
Researched how to close early gateways to the criminal justice system for at-risk juveniles, beginning with a
study of how discretionary application of school discipline policies impacts minority students and students with mental disabilities.
2007 Major Accomplishments
In a major court decision supportive of Fair Defense, the Texas Court of Criminal Appeals (CCA) affirmed that a criminal
conviction must be reversed if an unrepresented defendant does not validly waive the right to appointed counsel. Texas Appleseed,
represented by Casey Low with Andrews Kurth LLP, submitted an amicus brief in support of the respondent, Janet Williams, who had been
sentenced to 30 days in jail and a $1 fine after a jury trial for a misdemeanor in which she was not represented by counsel.
The trial judge never advised her that she could request a court-appointed lawyer, though she indicated that she could not afford to
hire an attorney.
The CCA ruled in a unanimous opinion that denial of a poor defendant’s right to appointed counsel results in criminal
proceedings that are “fundamentally unfair and unreliable.” Accordingly, failure to obtain a valid waiver of the right to
counsel is not subject to harmless error analysis, but instead requires automatic reversal of the resulting conviction.
To see the briefs filed by the Texas Fair Defense Project and Texas Appleseed, as well as the CCA opinion,
click
here.
Reports & Publications
Fair Defense Report: Analysis of Indigent Defense Practices. Texas Appleseed, 2000
Fair Defense Report Summary: Findings and Recommendations. Texas Appleseed, 2000
Sample Local Rules to Implement the Texas Fair Defense Act. Texas Appleseed and The Equal Justice Center, 2001.
Implementation Report Texas Appleseed and The Equal Justice Center, 2002.
Media Coverage
Editorial Support for the Texas Fair Defense Act
Press Coverage on County Compliance with Fair Defense Act
"A drugged-up defendant can't participate in defense." The Dallas Morning News, March 2, 2003.
“Texas takes significant step in indigent defense.” The Dallas Morning News. Sept 22, 2002.
"THE QUALITY OF JUSTICE: Man says case shows how counsel delayed can result in justice denied Disabled vet
finds lawyers assigned faster on TV." The Dallas Morning News, July 16, 2000.
"THE QUALITY OF JUSTICE: They had the wrong man, but no one believed him He says preventable error cost him job, car, home." The Dallas Morning News, July 16, 2000.
"THE QUALITY OF JUSTICE : Defense of indigents criticized in Texas Bush, others call appointee system sound." The Dallas Morning News, July 16, 2000.
"QUALITY OF JUSTICE: Saved by a New York rookie Lawyer worked free for Texan who couldn't afford to lose." The Dallas Morning News, Sept 10, 2000.
"QUALITY OF JUSTICE: Defense called lacking for death row indigents But system supporters say most attorneys effective." The Dallas Morning News, Sept 10, 2000.
"QUALITY OF JUSTICE: Defenses in Question. The Dallas Morning News, Sept 10, 2000.
"THE QUALITY OF JUSTICE: Attorney's inexperience no barrier He worked on appeal after winning delay to take class on process." The Dallas Morning News, Sept 11, 2000.
"THE QUALITY OF JUSTICE: Questions of competence arise in death row appeal Lawyer with history of problems defends handling of case." The Dallas Morning News, Sept 11, 2000.
"THE QUALITY OF JUSTICE: Attorney of records Legal aid funds went to man who saw documents, not clients." The Dallas Morning News, Feb 25, 2001.
"DA-judge setup adds fire to defense debate Prosecutor helps jurist pick lawyers for poor." The Dallas Morning News, April 8, 2001.
"Judges don't always rule In Travis, they review, but lawyers must make cut." The Dallas Morning News, April 8, 2001.
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