INDIGENT DEFENSE: TEXAS MUST IMPROVE ITS PATCHY SYSTEM

If the system of criminal justice is only as strong as its weakest link,
Texas has some shoring up to do.

Legal representation for indigent criminal defendants in this state is not
meeting the standards that Texans have a right to expect. An investigative
report in The Dallas Morning News Sunday outlines weaknesses in the indigent
defense program that have kept the poor from getting the legal help they
need and deserve.

Although Texas should not set its criminal justice standards based on
anecdotal stories, there are enough incidents where indigents were
shortchanged in their legal defense to raise red flags.

The crisis in criminal defense for the indigent is a national one. But there
are specific issues that Texas officials should address:

Texas has no real oversight of its indigent defense program. With no review
of cases or strong standards set for court-appointed lawyers, it is
impossible to determine how well the system is working. The state
Legislature should set minimum standards and a review process for those
representing indigents.

The state does not pay for legal defense of indigents except in capital
murder cases. As a result, counties must pay the legal fees. Payments can
average less than a third of what lawyers would be making as hired
representatives of criminal defendants. The state must help counties bring
indigent defense fees more in line with standard charges.

Judicial appointment of defense attorneys can lead to abuses. The judges can
use the appointments as a repayment for help in their political campaigns.
The state should consider establishing a separate authority named by county
commissioners that would be responsible for making these appointments.

Public defender offices in many counties have been under-funded and poorly
managed. Recently, salaries have been improved in the Dallas County office
and elsewhere. Counties should keep working to raise the standards for the
public defenders system as a viable alternative to court-appointed lawyers
for the poor.

Last year, Sen. Rodney Ellis, D-Houston, won passage of a bill that would
establish authorities in each county to appoint lawyers for indigent
criminal cases. The bill also would require that lawyers be assigned to
defendants within 20 days.

Gov. George W. Bush vetoed the bill, saying it took too much authority away
from the judges, who are more able to assess the quality of legal
representation.

When the Texas Legislature convenes in January, it should revisit the
appointment process for indigent criminal defendants. State officials cannot
expect the system to work effectively without oversight, clear standards and
a financing plan that helps ensure competent counsel.