Representation rates in misdemeanor cases vary dramatically across Texas’ 254 counties.
In some counties, no one accused of misdemeanors has an attorney to represent them. In others, every accused person has counsel.
Getting Magistration Right
Every year, Texas convicts thousands of people of misdemeanors even though they never had a lawyer’s help.
But, every person who faces the risk of incarceration has the right to a defense attorney.
Magistration and Appointed Counsel
In Texas, an arrested person’s first appearance before a judge is called magistration. At magistration, a judge must inform an arrested person of the charges against them and advise them of their constitutional rights, including the right to counsel. The judge must also determine whether, and under what conditions, the arrested person can be released from jail.
It is essential that every arrested person have a lawyer at magistration who can argue for pretrial release, challenge an arrest, and ensure that the person fully understands their rights. Appointing counsel at magistration also facilitates early investigation of the allegations, ensuring that evidence is collected before it disappears or memories fade. Yet, Texas law does not guarantee the right to counsel at magistration.
In Texas, the processes for determining eligibility and appointing counsel in misdemeanor cases vary by county. Each county chooses which officials have appointing authority. In some counties–magistration judges are empowered to determine eligibility and appoint counsel. In other counties, an administrator or indigent defense coordinator (IDC) evaluate applications, determine eligibility, or appoint counsel. Elsewhere, county or district court judges determine eligibility and appoint counsel.
Project Details
In a pioneering research study, the Deason Center reviewed more than 2,000 misdemeanor case files, interviewed court personnel, and observed court proceedings. The researchers investigated each county’s appointment processes. The researchers concluded that differences in local appointment procedures might indeed account for variations in misdemeanor representation rates. The researchers also observed that some county’s procedures appeared to improve the frequency and the timeliness of applications and appointments.
Explore the Data
To better understand the relationship between local procedures and local representation rates, the Deason Center studied misdemeanor cases in four diverse Texas counties, anonymized here as Cactus, Longhorn, Tumbleweed, and Bluebonnet. Representation rates these counties varied significantly, and each county used a different procedure to appoint counsel.
Our Experts
Dr. Andrew Davies
Research Director
Malia Brink
Policy Director
Pamela Metzger
Executive Director
Acknowledgment
Much of the data gathered by the non-representation project team could not have been obtained without the invaluable assistance of officials and staff in the justice systems of the counties the team selected for study. All counties are pseudonymous throughout this report, so these individuals cannot be named. The Deason Center is deeply grateful for their assistance, without which this work would not have been possible.