Keep the Travis County Public Defenders Office Funded this Budget Season!
Background:
The Sixth Amendment to the US Constitution guarantees people accused of crimes the right of “assistance of counsel” - the right to representation by an attorney in a criminal case - among other rights. The 1963 US Supreme Court case Gideon v. Wainwright established the right of people who cannot afford their own attorney to have one appointed by the court. This is what is known as indigent defense. The 1984 case of Strickland v. Washington went further by defining certain standards that court-appointed attorneys have to meet - a concept called effective assistance of counsel. So, our Supreme Court has held that not only are you entitled to have an attorney represent you in a criminal case even if you cannot pay for that attorney yourself, but also the attorney actually has to do a decent job.
For years, states fulfilled their obligation to provide indigent defendants with counsel by appointing private attorneys who were paid a flat fee per case. Unfortunately, that incentivized court-appointed attorneys to close as many cases as possible as quickly as possible. In response to that concern, Texas passed the Texas Fair Defense Act (TFDA) in 2001. That act mandates uniform, county-level procedures - and funding - to ensure that defendants get competent representation in a timely manner.
One of the models under which the TFDA permits counties to manage court-appointed attorneys was through a public defender’s office (PDO): an office of full-time county attorneys and non-attorney employees whose only job is to represent indigent defendants. Public defender’s offices have the advantage of incentivizing attorneys to give each case the attention it deserves, rather than simply closing them as quickly as possible. The county PDO also furnishes investigators and other support staff to assist attorneys in providing a robust defense. We can be proud of the fact that Travis County has a county-funded public defender’s office - something that only about one-fifth of Texas counties do.
(Gideon's 1961 Florida State Prison mugshot. Source: Landmark Cases / Gideon v. Wainwright - Landmark Cases of the US Supreme Court)
Here’s the thing: Most states fund their public defender’s offices directly, but that’s not how Texas chose to do it. Instead, in our state, most of the burden of funding public defender’s offices rests with individual counties. We are fortunate that Travis County has chosen to fund a strong, independent public defender’s office. However, Travis County is facing a critical $13 million budget shortfall next fiscal year. That means that our county commissioners may be tempted to shortchange our public defender’s office in favor of other priorities.
The PDO is already struggling to hire and retain well-qualified, experienced criminal defense attorneys and support staff. This is particularly true for complex felony cases, cases where the defendant’s immigration status is at risk, and cases where the defendant has a mental health challenge, and other difficult cases. Without adequate funding, the PDO cannot effectively handle such cases. There is already a pressing shortage of court-appointed defense attorneys in Travis County, meaning that defendants sometimes wait weeks or months in jail before an attorney is even assigned to their case.
Since county leaders are already working on next year’s budget, now is the time to act.
That’s where you come in. In the next month or so, the county will be releasing its proposed budget for the upcoming fiscal year. Now is the time to reach out to the members of the County Commission, as well as County Judge Andy Brown, to let them know how important it is to you that Travis County have a fully-funded, independent public defender’s office.
Demands
Maintain and increase funding for the Travis County Public Defender’s office
Ensure that the PDO is able to pay salaries for attorneys and non-attorney staff that are commensurate with comparable positions in the private and public sectors.
Ensure that the PDO has adequate funding for additional resources their employees need, including continuing education and investigative resources.
Key Messages
Every person facing a criminal charge deserves prompt, effective access to an attorney, even if they cannot pay for their own.
Travis County’s Public Defender’s Office is already doing great work - we need to support that office and expand its capacity.
Recruiting and retaining well-qualified attorneys and support staff is an ongoing challenge, given the higher-than-average cost of living in Austin and Travis County
Effective public defense means that people can be released from jail quickly and get back to their lives. This means fewer disruptions in employment, family support, health care, and other critical aspects of their lives.
People who are incarcerated cannot work, cannot contribute to the county’s revenue, and become a burden to their families and the community.
Freedom delayed is freedom denied!
Call to Actions:
Reach out to your county commissioner by phone or email.
County Commissioners represent geographic precincts in Travis County. While you are welcome to contact all the Commissioners, your message will carry more weight if you contact the one who actually represents you. Look for your address on this map, and that will tell you which Commissioner represents you on the Travis County Commissioners Court.
Pct. 1
Commissioner: Jeff Travillion
Phone: (512) 854-9111
Email: jeffrey.travillion@traviscountytx.gov
Pct. 2
Commissioner: Brigid Shea
Phone: (512) 854-9222
Pct. 3
Commissioner: Ann Howard
Phone: (512) 854-9333
Email: Precinct3Constituents@traviscountytx.gov
Pct. 4
Commissioner: George Morales
Phone: (512) 854-9444
Email: george.morales@traviscountytx.gov
In addition, all Travis County residents may contact County Judge Andy Brown, at (512) 854-9555 or judge@traviscountytx.gov to express their concerns about the county budget.
2. Social Media Outreach
Share our new reel on instagram and leave a comment!
3. Make a Call & Send an Email:
Dear Commissioner [Commissioner’s name].
I am a resident of Travis County Commission Precinct [Precinct #]. I am contacting you today to urge you to support funding for the Public Defender’s Office in next year’s county budget. I know the county is facing financial challenges this year, but a strong independent public defense is a good investment - it helps people get out of jail and get back to their lives. What’s more, it’s a constitutional right.
I’m proud of the fact that Travis County has a strong, independent public defender’s office. We’re one of only a handful of counties in Texas that do. I’m also aware that the cost of living in Travis County is significantly higher than most of the rest of the state, so we need to pay our public defenders a competitive salary.
[If applicable] I myself benefited from a Travis County public defender. [Name] did a good job representing me. I know they made a difference in ensuring I had effective representation in court.
Please don’t shortchange our public defender’s office in next year’s budget!
Thank you,
[your name]
4. Attend an upcoming event!
June 23 - Travis County Community Legal Services (under which the PDO is housed) will give a presentation of their proposed budget at the regularly scheduled Commissioners Court meeting.
Turn out to express your support for the PDO
The County will start community conversations about the budget in July.
We will share specific dates and opportunities to testify.
