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Texas House of Representatives County Affairs Committee Texas House of Representatives County Affairs Committee Testimony Scott Ehlers Special Counsel, Texas Indigent Defense Commission Thursday, March 7, 2019 Page 1 of 12 Who We Are The Texas Indigent Defense Commission (TIDC) is the state entity that safeguards liberty by ensuring that Texas and its 254 counties provide the right to counsel guaranteed by the United States and Texas Constitutions. Page 2 of 12 Governing Board TIDC operates under the direction and supervision of a 13-member governing board, which includes 6 gubernatorial appointments and 4 legislative members: • The Honorable Sharon Keller, Presiding Judge, Court of Criminal Appeals – Austin (Chair) • The Honorable Nathan Hecht, Chief Justice, Texas Supreme Court – Austin • The Honorable John Whitmire, State Senator – Houston • The Honorable Brandon Creighton, State Senator – Conroe • The Honorable Andrew Murr, State Representative – Junction • The Honorable Nicole Collier, State Representative – Fort Worth • The Honorable Sherry Radack, Chief Justice, Texas First Court of Appeals – Houston • The Honorable Vivian Torres, Medina County Court at Law Judge – Hondo • The Honorable Missy Medary, Presiding Judge, Fifth Admin. Jud. Region – Corpus Christi • Mr. Alex Bunin, Chief Public Defender, Harris County Public Defender – Houston • Mr. Don Hase, Criminal Defense Lawyer, Tarrant County – Arlington • The Honorable Chris Hill, County Judge, Collin County – McKinney • The Honorable Richard Evans, County Judge, Bandera County – Bandera Page 3 of 12 Scott Ehlers Special Counsel, Texas Indigent Defense Commission Scott Ehlers joined the Texas Indigent Defense Commission in December 2016. He was in private practice prior to joining the Commission staff, primarily representing indigent misdemeanor defendants in Travis County and conducting case reviews for the Texas DNA Mixture Review Project. From 2011 to 2015, he was the Legal and Policy Analyst for the Harris County Public Defender’s Office (HCPDO). Mr. Ehlers was Senior Policy Advisor on criminal justice matters to state Senator Rodney Ellis from 2008 to 2011. A native Houstonian, Mr. Ehlers earned his J.D. from the University of Houston Law Center, his master’s degree in Justice, Law, & Society from American University in Washington, DC, and his bachelor’s degree in Government and Economics from the University of Texas at Austin. Page 4 of 12 How We Got Here ● 1791 – 6th Amendment passed as part of the Bill of Rights ● 1963 – U.S. Supreme Court decides Gideon v. Wainwright ● 1999 – First large study of Texas indigent defense ● 2001 – Texas Fair Defense Act passed and Task Force created ● 2011 – Texas Indigent Defense Commission created Page 5 of 12 What We Do (1) Oversight (monitoring indigent defense in all 254 counties) • Indigent Defense Expenditure Report – Collect and analyze financial data from 254 counties • Indigent Defense Plans – Collect and analyze policies and procedures from 254 counties • Fiscal Monitoring – Audit financial data in select counties • Policy Monitoring – Audit constitutional and statutory compliance in select counties • Complaints – Field complaints from lawyers, judges, and defendants (2) Funding (reimbursing counties that meet constitutional and statutory requirements) • Formula Grants – Fund a portion of indigent defense representation in all 254 counties • Improvement Grants – Fund select projects that improve performance or accountability • Innocence Program – Fund innocence projects at six Texas law schools (3) Improvement (creating more efficient and effective indigent defense systems) • Training – Educate lawyers, judges, and magistrates • Publications – Create guides that help ensure effective and efficient representation • Presentations – Speak about indigent defense at conferences and events • Technical Assistance – Serve as a resource to county, regional, and state officials • Policy – Advise policymakers on legislation and rulemaking Page 6 of 12 How TIDC’s Programs Address Defendants’ Behavioral Health Needs and Diversion Opportunities Funding—Through our Improvement Grants program, TIDC has provided $10.1 million in funding since 2003 to help 14 counties establish or expand their mental health defender programs. Oversight—Our Policy Monitoring program ensures that defendants are magistrated in a timely manner after arrest; that defendants are given an opportunity to request appointment of counsel; and that counsel is appointed in a timely manner. Trainings—TIDC trains judges involved in magistration, including on issues related to mental health assessments and personal bonds. Our 2017 Mental Health Roundtable on Representation of Defendants with Mental Illness brought together defenders, treatment providers, state and county officials. Publications—In October 2018, TIDC published Texas Mental Health Defender Programs to inform policymakers and the public about the advantages of mental health defender programs. In April 2010, we published Representing the Mentally Ill Defender: An Evaluation of Advocacy Alternatives, which researched outcomes of mental health defender programs and mental health courts in Travis, Tarrant, and Dallas counties. Page 7 of 12 Indigent Defense Delivery Systems in Texas There are four main ways to provide indigent defense. Counties may have more than one system or may share systems across a region. Public Defender: Full-time, salaried attorneys are appointed, supervised, and paid by a government or nonprofit office. (20 counties) Managed Assigned Counsel: Private attorneys are appointed, supported, and paid by a defense management organization on a case- by-case basis. (3 counties) Contract: Private attorneys contract with a county to handle cases. Assigned Counsel: Private attorneys are appointed and paid by the court on a rotating, case-by-case basis. Page 8 of 12 Mental Health Defender Programs in Texas A mental health defender program is a public defender office or managed assigned counsel program that includes specialized representation for clients with mental illness. Mental health defender teams typically involve an attorney, social worker or caseworker, and investigator. TIDC has provided $10.1 million in funding since 2003 to help 14 counties establish or expand their mental health defender program. Counties with a mental health defender program: Bee, Bexar, Collin, Dallas, El Paso, Fort Bend, Harris, Kaufman, Live Oak, Lubbock, McMullen, Refugio, Travis, and Wichita. Page 9 of 12 Benefits of Mental Health Defender Programs Research has shown that mental health defender programs in Texas: 1. Reduce jail populations Ex. Bexar County Public Defender Office, which represents defendants with mental illness at magistration (art. 15.17 hearing), saved approx. 6,255 days of confinement from 2015-17. 2. Reduce unnecessary competency evaluations Ex. Wichita Co. Public Defender’s Office saved the county an estimated $37,500 in the first 15 months of the program due to fewer competency exams being requested. 3. Reduce recidivism Ex. Re-arrest rates of Dallas Co. Public Defender Office Mental Health Division clients with schizophrenia and major depression were about 2/3 lower than the control group. 4. Improve quality of representation and case outcomes Ex. Harris Co. Public Defender Office (HCPDO)-misdemeanor dismissals almost 5x more likely for HCPDO clients w/ mental health diagnosis than similar defendants w/ assigned counsel (27% vs. 6%). 5. Improve efficiency of the courts and case processing Ex. Collin Co. Mental Health Managed Counsel Program noted jail and medical savings due to effective case management, expedited dispositions, and release of defendants; and transportation, jail and court savings due to MHMC acting as a liaison with the state hospital. Page 10 of 12 Benefits of Mental Health Defender Programs (cont’d) The Sheriff can advocate for the inmate only so much; now we can call the Lubbock Private Defender Office if a lawyer isn’t visiting their client or there’s a problem with a defendant. This collaborative model needs to grow to other parts of the state. --Kim Howell, Assistant Chief Deputy of Detention, Lubbock Co. Sheriff’s Office Page 11 of 12 For More Information http://tidc.texas.gov/media/58014/tidc_mhdefenders_2018.pdf Scott Ehlers—[email protected] Page 12 of 12 .
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