Here I'm talking about appeals, not applications for extraordinary writs. Court costs here are filing fees (Some other things are counted by trial courts as court costs, but they generally don't affect the ordinary appeals of poor people.). An appeal is generally decided on the basis of a clerk's record and a reporter's (or recorder's) record. A clerk's record used to be called a transcript in Texas practice and a reporter's record, a statement of facts; you might still hear these terms today, and it helps to know these terms when you're reading old law. A court clerk's job is to keep track of the documents filed, orders entered, and docket entries made in the trial court (These days, they're practically always e-documents.), and, when asked and when paid the fees allowed by law, to prepare an electronic record of them for the use of the parties and the appellate court on appeal. The reporter (practically always using machine shorthand) or recorder (practically always using a special audio recorder) practically always takes down jury selection, opening statements, witness testimony and trial arguments for a record for the appeals court and is also the steward of the trial exhibits.
Indigents, that is, people who cannot afford to pay costs, can ask to be excused from filing fees in trial court and if the trial court agrees that a person was and is indigent at the time rendering civil judgment, those fees will be excused, and if they were excused at trial, unless there is some evidence that the poor person's status has changed, they will be excused from filing fees on appeal. In criminal cases, a defendant can be found indigent at the beginning of the trial proceedings, and, in the absence of new evidence, that finding will hold even through appellate proceedings. Criminal defendants and sexually-violent-predator respondents who are indigent have a right to be represented by lawyers and to get the clerk's record and the reporter's or recorder's record at no expense to them at trial and on initial appeal. Indigent people who may lose their parental rights have a right to appointed counsel and reporter's record on initial appeal.
There are generally not statutes nor rules for appellate indigency record relief for other kinds of prospective appellants in Texas state courts.
Texas lawyer Bob Mabry kept you up with legal writing and also with appeals courts, particularly Texas's Court of Criminal Appeals and Beaumont Texas's Ninth Court of Appeals.
About Me
- Bob Mabry
- Civil appellate, criminal appellate, and criminal trial lawyer at 704 North Thompson Street, #157, Conroe, Texas 77301-2578, (936) 494-1393.
Showing posts with label indigence. Show all posts
Showing posts with label indigence. Show all posts
Saturday, January 12, 2019
Wednesday, January 28, 2015
Can't slap attorney's fees on an indigent criminal defendant
Clifton James Taylor was found to be indigent at the beginning of his case and was lucky enough to get Judith Shields, a doughy criminal defense fighter from Conroe. Taylor pleaded guilty to third degree felony assault against a family member and went to the judge for punishment. Among the penalties the judge rendered was attorney's fees. Shields took this up on appeal along with another issue. Justice Leanne Johnson wrote for a panel including Chief Justice Steve McKeithen and Justice Hollis Horton removing the attorney's fees. Credit should be given to the Montgomery County District Attorney's Office for graciously conceding this point before the opinion was rendered.
Taylor was found indigent at the beginning of the trial court case. No one alleged that his indigent condition had changed during the course of the proceedings so the law of the case at the end of the trial was that he was indigent, and that therefore charging his attorney's fees was inappropriate.
Criminal defense lawyers, check for this in your judgments and know at least one case to cite before your trial judge and the State.
Taylor v. State, No. 09-14-00039-CR (Tex. App.-- Beaumont Jan. 28, 2015, no pet. h.) (mem. op.) available at http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=9cfac722-1afc-4640-854d-3e4affb5a49d&MediaID=f537d09f-36e3-4448-8e1c-55ee9a0921b3&coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&DT=Opinion
Taylor was found indigent at the beginning of the trial court case. No one alleged that his indigent condition had changed during the course of the proceedings so the law of the case at the end of the trial was that he was indigent, and that therefore charging his attorney's fees was inappropriate.
Criminal defense lawyers, check for this in your judgments and know at least one case to cite before your trial judge and the State.
Taylor v. State, No. 09-14-00039-CR (Tex. App.-- Beaumont Jan. 28, 2015, no pet. h.) (mem. op.) available at http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=9cfac722-1afc-4640-854d-3e4affb5a49d&MediaID=f537d09f-36e3-4448-8e1c-55ee9a0921b3&coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&DT=Opinion
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