The Criminal Court Judges of Travis County are committed to providing timely and quality legal representation to indigent defendants. The Fair Defense Plan describes the process adopted by the Criminal Court Judges to guarantee fair and neutral procedures for attorney selection, to ensure that minimum competency standards for court appointed attorneys are established, and that public funds are wisely expended.
The Local Rules govern all cases filed in the Criminal District Courts in Travis County, Texas.
Local Rules – County Courts at Law
The Local Rules govern all cases filed in the County Courts at Law in Travis County, Texas; both criminal cases and civil cases.
When an arrested person is released from jail on a bond, their first setting will typically be an FST setting in the Criminal Court Administration office (CCA) approximately three weeks after their release from jail.
For First Appearances, arrested persons without attorneys are required to report in person to the Criminal Courts Administration office per the instructions on their bond. However, attorneys are allowed to call CCA, report in person or consult the on- line dockets for next setting information. It is important to note that attorneys must report in person for court appearances when their setting is in the courts.
A central Bond Review Docket (BRD) is held daily from 2:00 pm until approximately 3:30 pm for appropriate misdemeanor jail cases. The BRD location is rotated weekly among the County Courts at Law (with the exception of County Court at Law #4). Prosecutors and inmates are available for discovery and plea negotiations beginning at 1:30 pm.
Appointments/Settings
Court Administration will appoint on all cases for BRD except for those persons who requested their own attorney (ROA). Attorneys will receive appointments for the next day’s BRD by 2:00pm via email. Court Administration will note the court setting on the appointment notification form.
Bench Appointments/Reappointments
Attorneys who do not report for court by 2:00 pm to represent their appointed client will have the case reappointed to another attorney. CAPDS will provide one or two “on call attorneys” who will be paid to attend the first hour of BRD and will accept cases if any need appointments or reappointments. Additionally, CAPDS panel attorneys eligible for assignment already on the BRD docket, or who are in the courthouse, may sign up on a first-come-first-serve basis to accept bench appointments and reappointments. Sign-up begins daily at 1:30 pm and concludes at 2:00 pm. The BRD Coordinator will make bench appointments to the attorneys who are present in the courtroom. The BRD Coordinator will appoint on ROAs if the person on the docket still does not have an attorney hired and remains in jail.
One Reset Rule-All resets will be given by the duty Judge only.
Defendants who do not bond out or resolve their case at the first BRD setting may be set on BRD2 with the consent of the BRD Judge. Attorneys may approach the BRD Court for a new setting within two days after the initial setting. Resets can be requested by emailing the Judge and the BRD coordinator, and if the Judge approves, they must be included on the email to [email protected].
If a further reset is necessary after the one BRD reset, the BRD Coordinator will reset the case for two business days later on the JDC docket in the Court of Jurisdiction. BRD staff will subsequently notify the Court of Jurisdiction Staff of the reset date via court email.
Courts May Set Cases Pleading During BRD
If an SPRD or other JDC docket case is ready to plea, a coordinator may place it on BRD for expedience, and they should write a remark that states PLEA so that BRD staff knows that there is already an attorney on the case who has worked out a plea.
Holidays
On the business day immediately preceding a holiday, BRD will be held earlier in the day, starting at 10:00 am.
Contact
[email protected]
Overview
• Defendants charged with misdemeanors whose bond was previously denied by Pretrial Services and/or a Magistrate Judge will have an in-depth bond review conducted by the County Court at Law Judge on duty.
• The joint Bond Review Docket (BRD) is held daily for all County Courts at Law prioritizing criminal matters except for CCL#4.
• Each Court will hold the BRD weekly on a rotation basis beginning at 2:00 pm each day. Cases set for initial BRD settings will exclude misdemeanors with attached felonies and defendants with mental health issues.
• Misdemeanor cases with felonies will be set directly into the Court of jurisdiction. Cases where mental health issues have been identified will be set on the Special Reduction Docket, however Courts may use their discretion to set cases on the BRD docket.
• TCSO will bring all persons set for the BRD Docket to the CJC and will use the three visitation rooms on the floor where BRD is taking place for attorney-client meetings. Additionally, defense counsel can speak to their clients in the visitation rooms in the holding area in the lowest level of the CJC.
• Pretrial Services will have their bond paperwork in the courtroom for all cases on the BRD docket.
• The Clerk’s Office will be present for BRD but will not prepare paperwork for attorneys prior to BRD docket as they did during virtual proceedings.
• The State will make all reasonable efforts to have discovery, offers, and a position on bond ready for the BRD docket. Attempts to contact victims or witnesses should be made prior to BRD docket.
• The Defense is expected to talk with their clients prior to the BRD docket, and all attempts to seek bonds virtually prior to the BRD docket are encouraged. If a bond is signed, the attorney will then get a first appearance setting for their released client and the case(s) will be removed from BRD docket.
• If an attorney’s client remains in jail, and the attorney does not show up for their appointed case or have someone from their office show up on behalf of their client, that case will be reassigned. The courts understand that these assignments happen quickly, but the courts do not want to prolong anyone’s stay in custody because an attorney misses an important court date.
The Court Coordinators are responsible for all scheduling of interpreters. If an attorney contacts the interpreter, the Courts are not responsible for payment of the invoice.
If a case is reset, interpreters are not automatically assigned to return on the reset date unless the Coordinator contacts them. Coordinators and interpreters are encouraged to use e-mail to confirm all scheduling instead of verbal contact alone, so as to keep a written record of agreements.
For additional information, review the Language Access Plan.
Notice of Representation
While attorneys may provide letters of representation to the clerk, they are not required and are insufficient to inform the court of your appearance as counsel. Attorneys should contact the courts directly via phone, email, or in person to inform the courts of their representation. For cases not yet assigned to a court, attorneys may contact court administration at (512) 854-9244 to make announcements regarding representation.
Vacation Letters
While attorneys may send vacation letters in criminal cases in Travis County, they are often unnecessary. Attorneys should work with judges and court coordinators directly to select appropriate dates that accommodate their personal and professional responsibilities. Cases are not routinely set without input from attorneys, and if an attorney discovers a conflict they should contact the court directly to resolve it. Assigned counsel should update their availability in the Appointment Management Portal to ensure they do not receive assignments when they are unavailable.
