| Grant Survey Results |
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Questions / Responses |
Overall |
less than 25,000 |
25,000-49,999 |
50,000-250,000 |
greater than 250,000 |
| Part I |
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| 1. | The statute states “that a county may not reduce expenditures as a result of receiving grant funds.” The Task Force’s current method of establishing minimum spending by counties uses a baseline period to compare against. Can you suggest another method to calculate or establish the minimum spending requirement that is fair to all counties? Please specify:
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| 2. | Which of the following potential formulas would you like to see the Task Force use? Note: you may indicate that one or more of the potential formulas should be used in combination with one another by checking multiple boxes below corresponding to each type of formula that should be used. |
| | 2a. | Continue county population based formula | 58 | 26 | 3 | 11 | 18 |
| | 2b. | Base the formula on poverty population in counties | 33 | 17 | 6 | 3 | 7 |
| | 2c. | Base the formula on total amount expenditure increase of counties | 23 | 10 | 1 | 9 | 3 |
| | 2d. | Base the formula on the percent of increased county expenditures | 22 | 11 | 2 | 4 | 5 |
| | 2e. | Base the formula on new cases added of counties | 9 | 5 | 1 | 2 | 1 |
| | 2f. | Base the formula on the percent of increased court case filings with appointed counsel in counties | 16 | 7 | 4 | 2 | 3 |
| | 2g. | Base the formula on a cost per appointed case | 22 | 11 | 4 | 2 | 4 |
| | 2h. | Base the formula on a combination of counties’ population, poverty population, case filings and expenditures | 34 | 15 | 9 | 4 | 6 |
| | 2i. | Base the formula on other method. Please specify | 6 | 1 | 0 | 2 | 3 |
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| 3. | Please describe why you believe the Task Force should adopt the funding formula above. |
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| 4. | What action do you think the Task Force should take concerning the minimum grant allowed or “floor”? |
| | a | continue the $5,000 floor | 67 | 35 | 11 | 11 | 9 |
| | b | increase the floor. Amount recommended: | 22 | 13 | 3 | 3 | 3 |
| | d | remove the floor and make distribution based on the formula only | 44 | 11 | 5 | 13 | 15 |
| | e | other method. Please specify | 4 | 1 | 1 | 0 | 2 |
| | Increased Floor: $7,000.00 | 1 | 1 | 0 | 0 | 0 |
| | Increased Floor: $7,500.00 | 4 | 4 | 0 | 0 | 0 |
| | Increased Floor: $8,000.00 | 1 | 1 | 0 | 0 | 0 |
| | Increased Floor: $10,000.00 | 11 | 6 | 2 | 2 | 1 |
| | Increased Floor: $20,000.00 | 2 | 0 | 1 | 0 | 1 |
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| 5. | Please provide any other comments related to the way the Task Force distributes funds.
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| Part II |
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| 1. | If expenditures on indigent defense services have NOT been impacted by the implementation of the Fair Defense Act, please identify what you believe the reasons are by checking the appropriate boxes to indicate your level of agreement or disagreement with each reason given. If costs have increased skip to question 2. |
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| 1a. | State funding by the Task Force has off-set increased costs. |
| | 1 | Strongly Agree | 4 | 4 | 0 | 0 | 0 |
| | 2 | Somewhat Agree | 23 | 10 | 10 | 2 | 1 |
| | 3 | Neutral/Unsure | 18 | 6 | 4 | 1 | 6 |
| | 4 | Somewhat Disagree | 19 | 10 | 1 | 5 | 3 |
| | 5 | Strongly Disagree | 22 | 8 | 2 | 4 | 8 |
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| 1b. | County crime has decreased and hence fewer appointments were made. |
| | 2 | Somewhat Agree | 4 | 4 | 0 | 0 | 0 |
| | 3 | Neutral/Unsure | 9 | 6 | 0 | 1 | 2 |
| | 4 | Somewhat Disagree | 18 | 7 | 7 | 2 | 2 |
| | 5 | Strongly Disagree | 53 | 22 | 11 | 7 | 12 |
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| 1c. | Improved overall efficiency in the county criminal justice system.
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| | 1 | Strongly Agree | 5 | 2 | 2 | 1 | 0 |
| | 2 | Somewhat Agree | 15 | 9 | 4 | 2 | 0 |
| | 3 | Neutral/Unsure | 29 | 17 | 4 | 4 | 4 |
| | 4 | Somewhat Disagree | 18 | 7 | 5 | 1 | 5 |
| | 5 | Strongly Disagree | 19 | 5 | 2 | 4 | 7 |
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| 2. | If expenditures on indigent defense services have increased in your county since implementation of the Fair Defense Act please identify what you believe the reasons are by checking the appropriate boxes to indicate your level of agreement or disagreement with each reason given. |
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| 2a. | Costs have increased because the rate attorneys are paid on the fee schedule was increased.
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| | 1 | Strongly Agree | 31 | 12 | 3 | 7 | 9 |
| | 2 | Somewhat Agree | 36 | 16 | 6 | 5 | 9 |
| | 3 | Neutral/Unsure | 21 | 15 | 3 | 1 | 2 |
| | 4 | Somewhat Disagree | 34 | 10 | 7 | 6 | 10 |
| | 5 | Strongly Disagree | 25 | 6 | 2 | 6 | 11 |
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| 2b. | If costs have increased because attorney fee schedules were increased, by approximately what percentage have the costs increased? |
| | 1 | 0-10% | 33 | 13 | 4 | 4 | 11 |
| | 2 | 11-20% | 28 | 13 | 7 | 4 | 4 |
| | 3 | 21-30% | 14 | 5 | 3 | 2 | 4 |
| | 4 | 31-40% | 10 | 6 | 0 | 0 | 4 |
| | 5 | 41-50% | 8 | 2 | 0 | 3 | 3 |
| | 6 | Over 50% | 4 | 1 | 1 | 1 | 1 |
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| 2c. | Costs have increased because more defendants are now determined to be indigent.
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| | 1 | Strongly Agree | 69 | 27 | 6 | 12 | 23 |
| | 2 | Somewhat Agree | 48 | 21 | 11 | 8 | 8 |
| | 3 | Neutral/Unsure | 13 | 6 | 0 | 1 | 6 |
| | 4 | Somewhat Disagree | 11 | 3 | 2 | 2 | 4 |
| | 5 | Strongly Disagree | 2 | 1 | 1 | 0 | 0 |
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| 2d. | Costs have increased because we are required to appoint attorneys earlier than we appointed previously. |
| | 1 | Strongly Agree | 77 | 29 | 8 | 16 | 24 |
| | 2 | Somewhat Agree | 31 | 16 | 5 | 0 | 9 |
| | 3 | Neutral/Unsure | 18 | 10 | 2 | 3 | 3 |
| | 4 | Somewhat Disagree | 11 | 3 | 3 | 3 | 2 |
| | 5 | Strongly Disagree | 9 | 0 | 2 | 3 | 4 |
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| 2e. | Costs have increased because more attorney appointments are made to defendants charged with misdemeanors.
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| | 1 | Strongly Agree | 63 | 22 | 5 | 12 | 24 |
| | 2 | Somewhat Agree | 40 | 21 | 6 | 7 | 6 |
| | 3 | Neutral/Unsure | 30 | 14 | 5 | 3 | 8 |
| | 4 | Somewhat Disagree | 5 | 0 | 0 | 3 | 2 |
| | 5 | Strongly Disagree | 6 | 0 | 3 | 0 | 2 |
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| 2f. | Costs have increased because of increased case filings. |
| | 1 | Strongly Agree | 33 | 14 | 4 | 8 | 7 |
| | 2 | Somewhat Agree | 59 | 25 | 9 | 10 | 15 |
| | 3 | Neutral/Unsure | 32 | 11 | 4 | 6 | 11 |
| | 4 | Somewhat Disagree | 16 | 6 | 1 | 1 | 7 |
| | 5 | Strongly Disagree | 4 | 1 | 1 | 0 | 2 |
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| 2g. | Costs have increased because more expert and investigator fees are paid by county.
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| | 1 | Strongly Agree | 18 | 5 | 2 | 5 | 6 |
| | 2 | Somewhat Agree | 47 | 17 | 8 | 8 | 14 |
| | 3 | Neutral/Unsure | 40 | 23 | 3 | 6 | 8 |
| | 4 | Somewhat Disagree | 28 | 10 | 5 | 4 | 9 |
| | 5 | Strongly Disagree | 11 | 3 | 1 | 2 | 4 |
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| 2h. | Costs have increased because of increased personnel costs to implement the FDA (e.g. indigent defense coordinator hired)
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| | 1 | Strongly Agree | 22 | 2 | 0 | 8 | 12 |
| | 2 | Somewhat Agree | 24 | 6 | 2 | 4 | 12 |
| | 3 | Neutral/Unsure | 41 | 27 | 4 | 1 | 9 |
| | 4 | Somewhat Disagree | 27 | 10 | 8 | 3 | 5 |
| | 5 | Strongly Disagree | 29 | 13 | 5 | 8 | 3 |
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| 2i. | Please describe any other factors that have led to increased indigent defense expenditures in your county
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| 3. | Have the following expenses gone down as a result of the Texas FDA? |
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| 3a. | As a result of the Texas FDA, expenses have gone down because of fewer pre-disposition jail days served by defendants |
| | 1 | Yes | 11 | 5 | 2 | 2 | 2 |
| | 2 | No | 136 | 56 | 18 | 24 | 37 |
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| 3b. | As a result of the Texas FDA, expenses have gone down because of decreased health care costs in jail |
| | 1 | Yes | 8 | 2 | 1 | 2 | 3 |
| | 2 | No | 138 | 59 | 19 | 24 | 35 |
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| 3c. | As a result of the Texas FDA, expenses have gone down because of decreased court costs associated with resetting cases of unrepresented defendants |
| | 1 | Yes | 10 | 4 | 3 | 1 | 2 |
| | 2 | No | 133 | 55 | 17 | 24 | 36 |
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| 4. | In your opinion, what is working concerning the FDA? (Check all that apply) |
| | 4a. | Quicker appointment of counsel to represent indigent defendants | 100 | 47 | 16 | 15 | 22 |
| | 4b. | Adequate compensation for appointed attorneys | 55 | 26 | 9 | 8 | 11 |
| | 4c. | As a result of the Texas FDA, expenses have gone down because of decreased court costs associated with resetting cases of unrepresented defendants | 68 | 27 | 7 | 11 | 22 |
| | 4d. | Better access to experts and investigators | 17 | 7 | 1 | 5 | 4 |
| | 4e. | Better qualified counsel selected | 27 | 11 | 3 | 3 | 10 |
| | 4f. | Greater Countywide Consistency in Indigent Defense Practices | 67 | 29 | 12 | 10 | 16 |
| | 4g. | Higher quality legal representation provided to indigent defendants | 25 | 11 | 3 | 3 | 8 |
| | 4h. | Please list other areas where the FDA has improved the indigent defense process and any other improvements in the system that may be helpful for other jurisdictions: | 33 | 7 | 4 | 8 | 14 |
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| 5. | In your opinion, what is not working concerning the FDA? (Check all that apply) |
| | 5a. | Lack of appointment/delayed appointment of counsel for indigent defendants that make bail | 12 | 5 | 1 | 2 | 4 |
| | 5b. | Time Frame for contacting/meeting with client is too short | 48 | 20 | 5 | 9 | 14 |
| | 5c. | No notice to appointed counsel when client retains counsel | 49 | 17 | 3 | 5 | 24 |
| | 5d. | Requires appointed counsel to do more work without compensation | 25 | 7 | 3 | 5 | 10 |
| | 5e. | Inadequate compensation for appointed attorneys | 22 | 5 | 5 | 2 | 10 |
| | 5f. | Pressure on appointed attorneys to plead cases inappropriately | 23 | 10 | 0 | 1 | 12 |
| | 5g. | Appointments are still made arbitrarily by court rather than as provided in the indigent defense plan (i.e. rotation or other method) | 12 | 3 | 1 | 1 | 7 |
| | 5h. | Inadequate resources for experts and investigators
| 22 | 10 | 1 | 4 | 7 |
| | 5i. | Lower quality representation provided to indigent defendants
| 17 | 3 | 0 | 1 | 13 |
| | 5j. | Please list other areas where the FDA is not working in your county (and any potential remedies or improvements):
| 41 | 10 | 4 | 7 | 20 |
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