Houston Chronicle Texas Senate OKs Trial Reform POLLY ROSS HUGHES AUSTIN -- Texas would take steps to give poor defendants a fairer
shake in criminal courts under a bill passed Tuesday by the state
Senate, but even its author admits it doesn't go far enough.
For the first time, the state would require judges to provide
court-appointed attorneys to indigent defendants within days of an
arrest. In the past, studies have shown that some poor defendants
have lingered in Texas jails for up to nine months before they were
appointed an attorney.
The bill also puts up nearly $20 million -- compared to zero now
-- in state money to help local judges pay more for defense
attorneys and criminal-defense investigations for poor clients.
Finally, it sets up a statewide task force to monitor
indigent-defense systems around the state and suggest improvements.
Yet Senate Bill 7, the Texas Fair Defense Act, contains gaping
loopholes, critics say, that threaten to keep some current local
practices in place.
"It's an important bill, but in no way do I want to play it down
nor do I want to play it up and act as though we still may not have
some problems," said the lead author, Sen. Rodney Ellis, a Democrat
from Houston.
Ellis said Texas could find itself taken to federal court and
facing challenges to its criminal-justice system -- which executes
more people by far than any other state in the nation -- unless the
bill prompts real reform.
"I think to a great extent, not just in Texas but anywhere in
this country, one's income determines their innocence," he said.
"I think the more that we do to make sure it is truly an
adversarial system, the more likely we are to avoid problems in our
criminal-justice system," he added.
His bill is an attempt to overhaul Texas' criminal-justice system
in the wake of criticism that it is inefficient and unfair.
As Texas governor two years ago, George W. Bush vetoed Ellis'
indigent-defense reforms, a move that was cited in attacks during
the presidential race about the fairness of the state's frequent use
of the death penalty.
Yet to get the bill passed this time with broad bipartisan
support, Ellis admits he left some advocates for reform less than
satisfied with a series of compromises.
"There were a lot of compromises we made along the way that kept
me up a bit at night," he told senators during floor debate of the
bill.
In particular, Ellis said he has concerns about a fallback in the
bill that would give judges various ways to opt out of suggested
reforms.
The bill suggests that judges improve the fairness and
impartiality of appointments by rotating selections from a list of
qualified attorneys. It also gives counties the option of setting up
their own public-defender systems.
Under a third option, judges could devise their own system --
including the one they already use -- subject to the agreement of
the regional administrative presiding judge.
Raoul Schonemann, an ardent advocate for indigent defense during
the past two legislative sessions, called several compromises
disappointing.
"The whole point of the bill was to provide some measure of
reform," he said. "If you're building into the bill all sorts of
mechanisms to allow the current system to be retained, you've got a
problem."
He also is upset with the composition of the task force that will
be formed to establish minimum standards and better monitor the
effectiveness of indigent-defense systems in Texas' 254 counties.
The original version of Ellis' bill called for an Indigent
Defense Commission, comprised of people from all walks of life, as
well as experts on mental health and juvenile justice.
He said the task force, however, has been "dramatically diluted,"
with 10 of the 12 slots going to elected officials. The task force
would include five judges, four state legislators, one county
official and two defense attorneys.
"For every step forward, you also have a loop you drive a truck
through that allows counties to use the system they're using now,"
Schonemann said.
The Texas Fair Defense Act now heads to the state House for
consideration.
Copyright © 2001. Houston Chronicle. All rights reserved. saved from url: http://www.chron.com/cs/CDA/story.hts/front/874721
April 11, 2001
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