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Legal Representation Study Supreme Court of Texas Permanent Judicial Commission For Children, Youth and Families Legal Representation Study Assessment of Appointed Representation in Texas Child-Protection Proceedings January 2011 Supreme Court Of Texas Permanent Judicial Commission For Children, Youth & Families Legal Representation Study Assessment of Appointed Representation in Texas Child-Protection Proceedings January 2011 Acknowledgements The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families would like to acknowledge the contributions of the Legal Representation Study Workgroup. Their advice and guidance throughout the life of the project proved invaluable. We would also like to thank all the participants who took part in the surveys and interviews. Legal Representation Workgroup Commission Staff Hon. Dean Rucker Tina Amberboy Judge, 318th District Court Executive Director Midland County Tiffany Roper Jason Hassay Assistant Director General Counsel for Senator Carlos Uresti Texas Senate Kristi Taylor Project Manager Rebecca Lightsey Executive Director Katie Fillmore Texas Appleseed Policy Attorney Timothy Travis Teri Moran Consultant Communications Manager National Resource Center on Legal & Judicial Issues (Portland, OR) Mari Aaron Executive Assistant Jane Burstain Sr. Policy Analyst Amy Fitzgerald Center for Public Policy Priorities Project Attorney Jim Allison Jessica Lynch General Counsel Research Assistant County Judges & Commissioners Association of Texas The Legal Representation Study was funded by the Children‘s Commission Court Improvement Program. The views expressed herein have not been approved by the Supreme Court of Texas, and accordingly should not be construed as an advisory or ruling on specific cases or legal issues. This report is solely intended to address the improvement of the law, the legal system, and the administration of justice. © 2011 The Supreme Court of Texas Permanent Judicial Commission for Children, Youth, and Families. All rights reserved, except as follows: Copies of this report may be made for personal use. Reproduction for commercial use is prohibited without the written permission of copyright owners. The work may be accessed for reproduction pursuant to these restrictions at the Children Commission‘s website at http://www.supreme.courts.state.tx.us/children.asp. Table of Contents Table of Contents .............................................................................................................................................. 5 Message from Chair ........................................................................................................................................... 7 Executive Summary ........................................................................................................................................... 8 Study Methodology .......................................................................................................................................... 14 Study Findings .................................................................................................................................................. 15 Method of Appointment ............................................................................................................................ 15 Judges Making Appointment ................................................................................................................ 16 Number of Attorneys Available ........................................................................................................... 17 Qualifications & Training ........................................................................................................................... 18 Requirements for Appointment ........................................................................................................... 18 Topics for Additional Training ............................................................................................................. 18 Availability of Training in Jurisdiction ................................................................................................. 19 Timing of Appointment ............................................................................................................................. 20 The Law.................................................................................................................................................... 20 Appointment of Parents‘ Attorneys ..................................................................................................... 21 Importance of Early Appointment ...................................................................................................... 22 Parents are Unaware of Right to Court-Appointed Attorney .......................................................... 24 Findings – Usual Timing of Appointment .......................................................................................... 25 Child‘s Attorney ...................................................................................................................................... 28 Duration of Appointment .......................................................................................................................... 28 Parent‘s Attorney .................................................................................................................................... 28 Child‘s Attorney ...................................................................................................................................... 30 Compensation .............................................................................................................................................. 32 The Law.................................................................................................................................................... 32 Study Findings ......................................................................................................................................... 32 Hourly Rates ............................................................................................................................................ 34 Flat Fee Per Hearing ............................................................................................................................... 36 Flat Fee Per Case .................................................................................................................................... 36 Adequacy of Compensation .................................................................................................................. 36 Timing of Payment ................................................................................................................................. 37 Quality of Representation & Legal Services Provided ........................................................................... 38 Attorneys for Parents ............................................................................................................................. 39 Attorneys for Children ........................................................................................................................... 41 Recommendations ........................................................................................................................................... 48 I. Method of Appointment .................................................................................................................... 49 II. Number of Attorneys Available .................................................................................................... 50 III. Qualifications and Training ........................................................................................................... 50 IV. Timing of Appointment ................................................................................................................. 53 V. Duration of Appointment .............................................................................................................. 54 VI. Compensation .................................................................................................................................. 54 VII. Communication with Client........................................................................................................... 57 VIII. Quality of Representation .......................................................................................................... 57 IX. Accountability .................................................................................................................................. 58 Conclusion ........................................................................................................................................................ 59 Appendix A: Representation Model ............................................................................................................ 62 National Case Studies ................................................................................................................................. 62 Institutional Model ...................................................................................................................................... 63 New York Center for Family Representation, Inc. ............................................................................ 63 Bronx Defenders ....................................................................................................................................
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