[Congressional Record Volume 150, Number 137 (Monday, December 6, 2004)]
[Extensions of Remarks]
[Pages E2152-E2153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   H.R. 5107, THE JUSTICE FOR ALL ACT

                                 ______
                                 

                             HON. TOM DeLAY

                                of texas

                    in the house of representatives

                        Monday, December 6, 2004

  Mr. DeLAY. Mr. Speaker, on behalf of myself and Representatives Smith 
and Carter of Texas, I would like to include the attached letter from 
the Texas Task Force on Indigent Defense regarding H.R. 5107, the 
Justice For All Act (P.L. 108-405), into the Congressional Record. This 
letter responds directly to a statement found on page S11609 of the 
November 19, 2004 Congressional Record.

       The mission of the Texas Task Force on Indigent Defense is 
     to promote justice and fairness to all indigent persons 
     accused of criminal conduct, including juvenile respondents, 
     as provided by the laws and constitutions of the United 
     States and Texas. The Task Force was created by state law, 
     the Fair Defense Act of 2001, and took effect on January 1, 
     2002. Since its implementation, the Task Force has awarded 
     over $30 million to 250 counties in Texas in furtherance of 
     its mission to improve legal representation for indigent 
     persons accused of crimes.

                                                  Texas Task Force


                                          on Indigent Defense,

                                  Austin, Texas, December 1, 2004.
     Re H.R. 5107, the ``Justice For All Act''--Congressional 
         Record page S11613.

     Hon. Tom DeLay,
     U.S. House Majority Leader,
     The Capitol, Washington, DC.
     Hon. Lamar Smith,
     Rayburn House Office Building,
     Washington, DC.
     Hon. John Carter,
     Cannon House Office Building,
     Washington, DC.
       Dear Representatives DeLay, Smith, & Carter: In response to 
     an inquiry last week regarding the statements made by Mr. 
     Leahy in his statement on November 19, 2004, I am offering 
     the following for clarification of what I believe is the 
     current state of indigent defense in Texas.
       I commend the goals of this bill and the willingness of 
     Congress to provide States much needed money in the criminal 
     justice arena. Since the reforms to Texas indigent defense 
     laws known as the Texas Fair Defense Act were originally 
     enacted in 2001, the Task Force on Indigent Defense, the 
     Texas judiciary, arid local government have worked diligently 
     to meet and exceed the mandates of this reform. This reform 
     was hailed by Robert Spangenberg, a leading national expert 
     on indigent defense as, ``the most significant piece of 
     indigent defense legislation passed by any state in the last 
     twenty years.''
       Nevertheless, the key to meaningful reform lies in 
     implementation. In that regard, Mr. Bill Beardall, Director 
     of the Equal Justice Center, and leading advocate of indigent 
     reform in Texas recently said that, ``[S]ignificant indigent 
     defense improvements were implemented both at the state level 
     and in most of Texas's 254 counties in response to the new 
     law.''
       Worth noting is that Mr. Spangenberg served as the primary 
     author of the Fair Defense Report, which influenced the 
     passage of the Fair Defense Act. In response to the progress 
     made by Texas, he states: ``In three short years, the Task 
     Force has used the limited funding provided to mandate that 
     each county has an indigent defense plan on file. Moreover, 
     these plans are posted electronically and viewable by anyone. 
     This in

[[Page E2153]]

     itself is significant in that what was formerly a closed 
     process is now open to public scrutiny. Also significant is 
     the fact that these are countywide plans, thus providing 
     greater uniformity than before when practices varied from 
     judge to judge. From what I've seen, the Task Force has 
     successfully built bridges with county government and leading 
     advocate and public interest groups for meaningful 
     collaboration and significant reform.''
       The following are some of the highlights of what Texas's 
     courts, counties, and Task Force have accomplished.
       More Indigent Defendants Receiving Court Appointed 
     Counsel--In 2002, 278,479 persons received court appointed 
     counsel. In 2004, 371,167 persons received court appointed 
     counsel. This represents a 33% increase while all criminal 
     case filings are up only 8%. Courts and local government are 
     taking their responsibilities seriously.
       Public Access--Every indigent defense plan (adult and 
     juvenile) and every county's indigent defense expenditures 
     are posted electronically and available to anyone with access 
     to the Internet. In addition, all model forms, procedures, 
     and rules promulgated by the Task Force are available online 
     at www.courts.state.tx.us/tfid.
       In response to Task Force recommendations, judges across 
     the state have submitted amendments to bring indigent defense 
     plans into compliance with the law. Also, every indigent 
     defense plan has been reviewed by the Task Force and is in 
     accordance with the law.
       Accountability--Because of centralized oversight of plan 
     submission, the judiciary is accountable to the Task Force. 
     County officials are accountable to the Task Force through 
     expenditure reporting and because of receipt of state grants. 
     Prior to this act each county and court in Texas was left to 
     its own means on how to provide these services.
       Training and Outreach--Each year since 2001, the Task Force 
     and staff have provided presentations across the state to 
     1,200 or more judges, county commissioners, defense 
     attorneys, county employees, and other criminal justice 
     stakeholders on their responsibilities and on 
     the responsibilities of the State regarding effective 
     indigent defense representation. One program of particular 
     interest was designed specifically for State district 
     trial judges who hear capital offenses. This program was 
     sponsored by the Center for American and International Law 
     in Plano, Texas on August 19-20, 2004.
       Spending Up Almost 50% Since 2001--The State and counties 
     have significantly increased expenditures for indigent 
     defense services statewide to improve the quality of counsel 
     appointed to represent the poor.
       In 2001, counties expended approximately $92 million on 
     indigent defense services without any state assistance. In 
     2002, county and state spending together reached 
     approximately $107 million--$15 million more than was spent 
     in 2001. In 2003, county and state spending together amounted 
     to approximately $130--$38 million more than was spent in 
     2001. And, the most recent reports for FY04 reveal county and 
     state spending together totaled approximately $137 million--
     $45 million more than 2001. All in all since the Fair Defense 
     Act passed the State and counties are expending almost 50% 
     more than they did prior to the Fair Defense Act. Neither the 
     State nor the counties are abdicating their 
     responsibilities--to the contrary, the State and counties are 
     providing their best efforts to secure additional revenue 
     sources as well as implementing process changes to ensure tax 
     payers receive the most value possible for their tax dollars.
       Nine Administrative Judicial Regions Working 
     Collaboratively with Task Force--The Nine Administrative 
     Judicial Regions are responsible for the development of 
     qualifications and standards for counsel in death penalty 
     cases. Notwithstanding the Texas Defender Service report 
     referenced by Mr. Leahy in his testimony, the nine 
     administrative presiding judges take very seriously their 
     responsibilities under Texas law. Through officially 
     published standards and qualifications and a thorough 
     screening process, they ensure that only the most capable and 
     competent attorneys are appointed in death penalty cases.
       The report that Mr. Leahy relies on was criticized by many 
     criminal justice stakeholders in Texas. I was disappointed 
     with the secretive and surprise tactics utilized by the 
     authors in its preparation. No Task Force members or staff 
     were consulted prior to the report's publication. More 
     significantly, the nine administrative judges were not 
     consulted regarding its preparation or its findings prior to 
     its release. For a Dallas Morning News article regarding this 
     report, I noted the report's lack of methodology and stated 
     that the report's conclusions ``may be a matter more of form 
     over substance.'' John Dahill, general counsel for the Texas 
     Conference of Urban Counties and a former Dallas County 
     prosecutor, was more blunt. ``It just riles me to no end that 
     the Texas Defender Service and the Equal Justice Center 
     didn't bother to inquire of people with knowledge in each of 
     these counties,'' he said. Counties generally follow the 
     regional plan for appointment of counsel in capital cases, he 
     said, and Dallas County follows the plan of the first 
     administrative judicial region. That region covers 34 
     counties in northeast Texas.
       Judge John Ovard of Dallas, who presides over the 1st 
     administrative region, said he had not had a chance to read 
     the report but said the county's failing grade surprised him. 
     ``We're in compliance with the task force . . . which is the 
     primary state agency we report to,'' he said. ``I certainly 
     am interested in looking at it and see why they came to those 
     conclusions.''
       Task Force staff meets quarterly with the 9 Administrative 
     Presiding judges. The Task Force provides administrative 
     assistance to the 9 Administrative Judicial Regions in 
     posting the lists of standards and attorneys qualified for 
     appointments in electronic format readily available to anyone 
     in Texas. This collaborative effort is not mandated by State 
     law but is being done at the request of the 9 Administrative 
     Presiding judges to ensure that this process is open to the 
     public and administered consistently across the State.
       Summary--For the first time in Texas history the State is 
     providing oversight, fiscal assistance, and technical support 
     to local government and courts to improve the delivery of 
     indigent defense services. All 254 counties in Texas are in 
     compliance with the state reporting requirements. Each 
     indigent defense plan in Texas has been reviewed by the Task 
     Force to ensure it provides for prompt appointment of 
     qualified counsel and reasonable compensation for appointed 
     counsel. Since the passage of the Fair Defense Act, staff has 
     provided presentations across the state to more than 4000 
     judges, county commissioners, defense attorneys, county 
     employees, and other criminal justice stakeholders on their 
     responsibilities and the responsibilities of State regarding 
     effective indigent defense representation. The key criminal 
     justice stakeholders in Texas are being trained and the Texas 
     system has improved dramatically since the passage of this 
     law. Furthermore, in what may be its greatest achievement, 
     the Task Force has created an efficient and collaborative 
     infrastructure for continuing implementation of the Fair 
     Defense Act and for future improvements to indigent defense 
     procedures statewide.
       Thank you for considering my views. If you need any further 
     information, feel free to contact me or any member of the 
     Task Force. We are at your disposal to build on the successes 
     all Texans have experienced since the passage of the Fair 
     Defense Act.
           Sincerely,
                                                  James D. Bethke,
     Director, Task Force on Indigent Defense.

                          ____________________