Planning Study, Nueces County PDO 2022
Planning Study, Nueces County PDO 2022
Planning Study, Nueces County PDO 2022
Nueces County
Public Defender Office
Cover Photo: Lake Corpus Christi State Park, Texas Parks & Wildlife Dept.,
https://tpwd.texas.gov/state-parks/lake-corpus-christi, (last viewed Mar. 22, 2022).
2
Executive Summary
The Texas Indigent Defense Commission (TIDC) funds, oversees, and improves public defense in Texas.
TIDC’s Improvement Team provides counties with planning studies, like this one, to inform them about
the costs, benefits, and decisions that need to be made to establish public defender offices.
Research and experience have shown that public defender offices can improve indigent defense quality,
constitutional compliance, accountability, and budget predictability. They can also improve efficiency and
reduce costs for other parts of the criminal justice system, including jail and court operations.
This planning study compares staffing levels, costs, and savings for two models of a Nueces County Public
Defender Office (NCPDO). In both models the office would represent all defendants with mental illness
where no conflict of interest exists for the public defender, and either 15% or 25% of defendants without
a mental illness (“MH+15% Office” or “MH+25% Office”). The various decision points Nueces County
officials need to make and assumptions built into the models are described on page 5. In the remainder
of the report, we make the following recommendations and findings:
• Scope: The office represents 95% of indigent defendants with a mental illness and either 15% or
25% of defendants without a mental illness in misdemeanor, noncapital felony, juvenile, and
appeal cases;
• Staff: 29 staff are recommended for the MH+15% Office or 32 staff for the MH+25% Office (see
“Staffing & Salaries,” p. 6-7);
• Salaries: Our model assumes salary parity with the District Attorney’s Office, where applicable
(“Staffing & Salaries,” p. 6-7);
• Budget: An annual office budget of approximately $3.2 million for the MH+15% Office and $3.6
million for the MH+25% Office (“Office Budget,” p. 8-9);
• Grants: In years 1-2, TIDC could potentially pay 100% of the office cost under its grant programs
to address pandemic-related backlogs and to develop mental health defender programs; in years
3 and beyond, the office could receive funding based on TIDC’s Improvement Grant formula for
single-county public defender offices (80% in year 3; 60% in year 4; 40% in year 5 and 20% in year
6). Over six years, that would amount to approximately $12.7 million in grants for a MH+15%
Office, and $14.3 million for a MH+25% Office (“State Funding,” p. 10). These grant amounts are
contingent on available grant funds and approval by the TIDC Board;
• Savings: Nueces County could save approximately $1.8 million by establishing a MH+15% Office
and approximately $2.3 million for a MH+25% Office in the first three years. In year 4, the County
would begin spending more than the current indigent defense system. Over six years, the County
would pay approximately $1.1 million more than current spending levels with a MH+15% Office,
and approximately $774,000 with a MH+25% Office if TIDC grant funds are approved. When the
County pays 100% of the office cost in year 7, the indigent defense system would cost
approximately $2.1 million more than today with a MH+15% Office and $2.3 million more with a
MH+25% Office. (“Costs & Savings,” p. 11-12).
• Benefits: Although the establishment of the NCPDO may not reduce overall public defense
spending in year 4 and beyond, it can bring other benefits to the courts and criminal justice system
that have been seen with other public defender offices: reliable availability of attorneys; improved
quality of representation; improved docket management and quicker case dispositions; and
reduced jail populations, including persons with mental illness and intellectual disabilities.
3
Background
This planning study was developed at the request of Presiding Judge Missy Medary, who
expressed an interest in reducing the backlog of felony cases in Nueces County due to the
pandemic and improving the quality of representation of defendants with mental illness.
Nueces County is facing a significant backlog of criminal cases due to the pandemic, according
to data provided by the Office of Court Administration and analyzed by TIDC Policy Analyst,
Nicolas Sawyer. Nueces County’s active felony cases went from 3,003 on March 1, 2020 (pre-
pandemic) to 4,641 on June 30, 2021, a difference of 1,638 cases (54.5% increase). There were
6,989 more active criminal cases—including felonies and misdemeanors—as of August 31, 2021
compared to March 1, 2020. 1 Such an increase in criminal cases would likely qualify Nueces
County for TIDC grant funding to address pandemic-related backlogs. TIDC also has dedicated
grant funds for counties to establish mental health defender programs. Both grant programs
provide 100% funding to counties for the first two years of a public defender office’s operations. 2
TIDC staff examined two models of a Nueces County Public Defender Office (NCPDO), both of
which include an office that represents all defendants diagnosed with a mental illness or
intellectual disability (where no conflict exists for the NCPDO). Model 1 is an office that also
represents 15% of all other indigent cases, and under Model 2 the office represents 25% of all
other indigent cases.
• “Decision Points & Assumptions” describes the decisions County officials must make to
establish a public defender office and the assumptions on which this study is based;
• “Staffing & Salaries” describes the staffing levels of the two models and staff salaries.
Office salaries are based on parity with the District Attorney’s Office;
• “Office Budget” provides a detailed budget for the two office models, including salaries,
benefits, and operations;
• “State Funding” summarizes TIDC grant funds that could be available to establish and
operate the office over the first six years;
• “Costs & Savings” summarizes the estimated County indigent defense costs under the two
different scenarios, including office and assigned counsel costs, TIDC grant funding, and
how the new systems compare to the status quo in terms of costs and savings; and,
• “Caseloads and Staffing Calculations” provides additional detail on case estimates for the
office and assigned counsel and how staffing levels are derived.
1 Nicolas Sawyer, Difference in Total Active Pending Cases (District, Statutory County, and Constitutional County
Combined) Between 3/1/20 (Pre-COVID) to 8/31/21 (1.5 Years Later),
https://public.tableau.com/app/profile/nicolas.sawyer7625/viz/TexasCriminalCaseBacklogHeatMap3120-
83121/texasmapdash?publish=yes.
2 Additional information about TIDC grants can be found at: http://www.tidc.texas.gov/funding/improvement-grants/.
4
Decision Points & Assumptions
Creating a public defender office requires several key decisions. This section explains (1) key
decision points, and (2) the assumptions built into the model below.
County Department Organize Type: TIDC’s modeling and cost estimates assume
the office will be a Nueces County Department, but the County
or Nonprofit should decide which type of organization best meets its needs.
Maximum Attorney Caseloads: Attorneys will follow TIDC’s
Caseloads Caseload Guidelines and handle no more than 138 felony or 239
misdemeanor cases per year.
Proportion and Types of Cases: The office will represent
95% of defendants identified with a mental illness or
intellectual disability. Based on data provided by the Nueces
County Jail, the model assumes 25% of indigent cases involve a
Case Composition defendant with a mental illness. The County must decide if it
prefers the office to handle 15%, 25%, or some other percentage
of noncapital felonies, misdemeanors, juvenile cases, and
appeals where the defendant is not identified as having a
mental illness or intellectual disability.
Pay Levels: Employees will have pay parity with the District
Attorney’s Office.
Staffing, Salaries, Staffing Levels: Staffing ratios will follow national and state
and Benefits norms whenever possible. Details on staffing ratios are included
in the “Caseloads and Staffing Calculations” section.
5
Staffing & Salaries
Nueces County needs to decide (a) salary levels of employees at a new public defender office, and
(b) what positions the office will employ. National standards require pay and resource parity
between the prosecution and defense functions. 3 Staffing levels are derived from the number of
staff needed to handle 95% of cases involving an indigent defendant with a mental illness or
intellectual disability, and either 15% or 25% of non-mental health appointed cases, while
complying with TIDC’s Caseload Guidelines. The models below assume that public defender staff
pay will be comparable to the Nueces County District Attorney’s Office:
3 See ABA Principle 8, American Bar Association, Ten Principles of a Public Defense Delivery System (2002)
(hereinafter “ABA Ten Principles”). The Ten Principles are the leading national standards for designing an indigent
defense system that delivers competent, effective representation.
6
Proposed Staffing Levels and Salaries
of the MH+25% Public Defender Office
Chief Defender: District Attorneys are paid $140,000 by the State (see H.B. 1 (86th
Legislature), p. IV-33-34, and TEX. GOV’T CODE § 46.002). TIDC’s Model uses a salary of
$130,000, but many chiefs in Texas are paid more than that.
Felony Defender: The salary ($78,835) is based on the average salary of all (23) Felony
Assistant DA's and (1) Assistant DA-Violent & High Profile.
Misdemeanor Defender: The salary (65,065) is based on the average salary of all (9)
Misdemeanor Assistant DAs.
Juvenile Defender: This salary ($65,065) is based on the average Misdemeanor Assistant DA
salary; no juvenile attorney salary was listed in the DA’s Office salaries.
Appellate/Research Attorney: This salary ($76,232) is based on the salary for the Assistant
DA (Appellate Div.).
Padilla Attorney: This salary ($78,835) is based on the average Felony Assistant DA salary
(see Felony Defender above).
Investigator: This salary ($47,812) is based on the average salary of DA Criminal
Investigator.
Social Worker/Caseworker: This salary ($43,659) is based on the salary for Social Worker II
in the Nueces County Social Services-Administration.
Office Manager: This salary ($47,778) is based on the salary of the DA's Office Manager.
Information Technology Support: This salary ($50,000) is based on TIDC’s Model.
Support Staff: This salary ($37,398) is based on the Legal Secretary II salary for DA's Office.
7
Office Budget
Nueces Co. MH+15% Public Defender Office
Salaries
Non-Cap
Staff Total Cost Misd Felony Juvenile Appeals
Total Staff 29.0 $1,883,685 $435,653 $1,227,701 $108,913 $111,417.69
Chief Defender 1 $130,000 $34,650 $86,687 $8,663 $0.00
Felony Defender 10.0 $788,908 - $788,908 - -
Misdemeanor Defender 4.0 $260,260 $260,260 - - -
Juvenile Defender 1.0 $65,065 - - $65,065 -
Appellate/Research Attorney 1.0 $76,232 - - - $76,232.00
Padilla Attorney 1.0 $78,835 $19,700 $49,285 $4,925 $4,925.01
Investigator 3.0 $143,436 $35,843 $89,671 $8,961 $8,960.79
Social Workers/Caseworkers 3.0 $130,977 $32,730 $81,882 $8,182 $8,182.44
Office Manager 1.0 $47,778 $11,939 $29,869 $2,985 $2,984.80
Information Technology Support 1.0 $50,000 $12,494 $31,258 $3,124 $3,124
Support Staff 3.0 $112,194 $28,036 $70,140 $7,009 $7,009.02
Fringe Benefits $1,060,076 $245,171 $690,909 $61,293 $62,702.19
Other Expenditures
Total Misd Felony Juvenile Appeals
Experts Budget - $18,214 - - - -
Operating Costs, Technology Per
Year - $14,504 - - - -
Operating Costs, Supplies Per Year - $10,152 - - - -
Travel for Attorneys, Total - $28,813 $7,200 $18,013 $1,800 $1,800.00
Travel for Investigators, Total - $28,813 $7,200 $18,013 $1,800 $1,800.00
Travel for Social Workers, Total - $28,813 $7,200 $18,013 $1,800 $1,800.00
Training for Attorneys, Total - $18,007 - - - -
Training for Investigators, Total - $1,500 - - - -
Training for Social Workers, Total - $1,500 - - - -
Training for Support Staff, Total $1,500 - - - -
Total Rent and Utilities - $65,266 - - - -
Estimated Total PD Office Cost - $3,160,841 $702,424 $1,972,649 $175,606 $179,520
Est. cost per case with PD - $1,348.08 $783 $1,428 $2,845 $33,555
8
Nueces Co. MH+25% Public Defender Office
Salaries
Non-Cap
Staff Total Cost Misdemeanor Felony Juvenile Appeals
Total Staff 32.0 $2,117,802 $509,652 $1,400,344 $101,930 $105,875.16
Chief Defender 1 $130,000 $36,111 $86,667 $7,222 $0.00
Felony Defender 12.0 $957,960 - $957,960 - -
Misdemeanor Defender 5.0 $325,325 $325,325 - - -
Juvenile Defender 1.0 $65,065 - - $65,065 -
Appellate/Research Attorney 1.0 $76,232 - - - $76,232.00
Padilla Attorney 1.0 $78,835 $20,746 $49,791 $4,149 $4,149.21
Investigator 3.0 $143,436 $37,746 $90,591 $7,549 $7,549.26
Social Workers/Caseworkers 3.0 $130,977 $34,468 $82,722 $6,894 $6,893.53
Office Manager 1.0 $47,778 $12,573 $30,176 $2,515 $2,514.63
Information Technology
1.0 $50,000 $13,158 $31,579 $2,632 $2,632
Support
Support Staff 3.0 $112,194 $29,525 $70,859 $5,905 $5,904.95
Fringe Benefit* (see
$1,178,359 $283,574 $779,161 $56,715 $58,909.67
calculation below)
Other Expenditures
Total Misdemeanor Felony Juvenile Appeals
Experts Budget - $22,120 - - - -
Operating Costs, Technology
Per Year - $16,000 - - - -
Operating Costs, Supplies
Per Year - $11,200 - - - -
Travel for Attorneys, Total - $34,200 $9,000 $21,600 $1,800 $1,800.00
Travel for Investigators, Total - $34,200 $9,000 $21,600 $1,800 $1,800.00
Travel for Social Workers,
Total - $34,200 $9,000 $21,600 $1,800 $1,800.00
Training for Attorneys, Total - $21,000 - - - -
Training for Investigators,
Total - $1,500 - - - -
Training for Social Workers,
Total - $1,500 - - - -
Training for Support Staff,
Total $1,500 - - - -
Total Rent and Utilities - $72,000 - - - -
Est. Total PD Office Cost - $3,545,581 $820,226 $2,244,305 $164,045 $170,185
Estimated cost per case
with PD - $1,244.26 $753 $1,338 $2,189 $19,086
5. Additional Year 1
Expenditures
Equipment Total $89,600
Computers $48,000
Printers (6) $4,800
Desks & Chairs $25,600
Supplies, Startup $11,200
Estimated Total PD Cost w/
$3,635,181
Year 1 Only Expenditures
9
State Funding
TIDC’s Improvement Grant Program helps counties establish public defender offices (PDO) and
other programs, like managed assigned counsel programs. Grant funding typically pays for 80%
of the PDO costs in year 1, and goes down 20% each year for years 2, 3, and 4. Over those four
years, TIDC pays for approximately 50% of the PDO costs.
TIDC also has special funds available in FY2022-23 for Mental Health Defender Programs and
Indigent Defense Programs to Address Pandemic-Related Backlogs. TIDC is funding eligible
programs at 100% for the first two years under these grants. 4
Grant funding is contingent on the recommendation of the grants review committee and a vote of
the full TIDC Board. Nueces County will also continue to receive formula grant funding for
reimbursements of its other indigent defense expenditures.
This planning study is based on the County receiving 100% funding for the office in years 1 and
2 to address its pandemic-related backlogs and the office’s mental health component, with funding
levels of 80%/60%/40%/20% in years 3-to-6. The County would be responsible for 100% of the office
cost in year 7 and beyond, assuming the state’s indigent defense funding structure remains the
same.
4 TIDC, Indigent Defense Improvement Grant Program Supplemental Request for Applications (RFA)
FY2022/FY2023; http://www.tidc.texas.gov/media/hvvf5wve/tidc-fy22-23-supplemental-improvement-grant-rfa-
addressing-backlogs-and-mental-health-defender-programs.pdf.
10
Costs & Savings
These two tables estimate total County indigent defense costs with a MH+15% Office and MH+25%
Office. The new system is compared to the current indigent defense system to show savings and
costs. TIDC Improvement Grants help cover the cost of the public defender office, but they do not
cover the cost of private assigned counsel. TIDC Formula Grants help cover the cost of assigned
counsel. Because County expenditures go down initially, formula grants also decrease, but later
increase as the County takes on a greater share of office expenditures.
11
Cost of Nueces County MH+15% Public Defender Office
Over First Six Years with TIDC Grant Funding
3 Year Avg. Cost
Est. Cost of New New PD System
of Current
Grant Year Public Defender Cost Compared to
Indigent Defense
System 3 Yr Avg Spending
System
Year 1 $2,740,896 $1,859,534 -$881,362
Year 2 $2,740,896 $1,950,132 -$790,764
Year 3 $2,740,896 $2,582,300 -$158,595
Year 4 $2,740,896 $3,149,486 $408,590
Year 5 $2,740,896 $3,716,672 $975,776
Year 6 $2,740,896 $4,283,857 $1,542,961
Total Over 6 Years $1,096,607
12
Caseloads and Staffing Calculations
Nueces Co. MH+15% Public Defender Office
Misd Non-Cap Juvenile Appeals
Case Calculations Total
Added Felonies Added Paid Paid
Total New Cases Added 12030 6100 5718 176 36
Percent of Total Cases Added
42% 69% 100% 100%
that are Indigent
Est. Total Indigent Defense Cases 6720 2562 3946 176 36
% of Indigent Cases that are
25% 25% 25% 0%
Mental Health (MH) Cases
% of MH Cases to Public
95% 95% 95% 0%
Defender
% Non-MH to Public Defender 15% 15% 15% 15%
Public Defender Cases 2345 897 1381 62 5
MH Cases to Public Defender 1587.4 608.4 937.1 41.9 0.0
Non-MH Cases to Publ. Def. 757.3 288.2 443.9 19.8 5.4
Assigned Counsel Cases 4375 1665 2565 115 30
MH Cases to Assigned Counsel 83.5 32.0 49.3 2.2 0.0
Non-MH Cases to Assigned
4291.3 1633.2 2515.4 112.4 30.3
Counsel
Staff
Public Defender Cases 2345 897 1381 62 5
Attorney Caseloads based on the
- 239 138 200 31
Weighted Caseload Study
Number of Attorneys Needed 14.2 3.75 10.01 0.31 0.17
Number of Padiila Attorneys 1.0 - - - -
Number of Investigators 2.0 0.54 1.43 0.04 0.02
Number of Caseworkers 2.0 0.54 1.43 0.04 0.02
Number of Office Support Staff 2.8 0.75 2.00 0.06 0.03
Staffing Ratios
Investigators: 1 per 7 attorneys
Social Workers/Caseworkers: 1 per 7 attorneys
Administrative Staff: 1 per 5 attorneys
13
Nueces Co. MH+25% Public Defender Office
Non-Cap Juvenile Appeals
Case Calculations Total Misd Added
Felonies Added Paid Paid
Total New Cases Added 12030 6100 5718 176 36
Percent of Total Cases Added
42% 69% 100% 100%
that are Indigent
Est. Total Indigent Defense Cases 6720 2562 3946 176 36
% of Indigent Cases that are
25% 25% 25% 0%
Mental Health (MH) Cases
% of MH Cases to Public
95% 95% 95% 95%
Defender
% Non-MH to Public Defender 25% 25% 25% 25%
Public Defender Cases 2850 1089 1677 75 9
MH Cases to Public Defender 1587.4 608.4 937.1 41.9 0.0
Non-MH Cases to Publ. Def. 1262.1 480.3 739.8 33.1 8.9
Assigned Counsel Cases 3870 1473 2269 101 27
MH Cases to Assigned Counsel 83.5 32.0 49.3 2.2 0.0
Non-MH Cases to Assigned
3786.4 1441.0 2219.4 99.2 26.8
Counsel
Staff
Public Defender Cases 2850 1089 1677 75 9
Attorney Caseloads based on the
- 239 138 200 31
Weighted Caseload Study
Number of Attorneys Needed 17.4 4.56 12.15 0.37 0.29
Number of Padilla Attorneys 1.0 - - - -
Number of Investigators 2.5 0.65 1.74 0.05 0.04
Number of Caseworkers 2.5 0.65 1.74 0.05 0.04
Number of Office Support Staff 3.5 0.91 2.43 0.07 0.06
Staffing Ratios
Investigators: 1 per 7 attorneys
Social Workers/Caseworkers: 1 per 7 attorneys
Administrative Staff: 1 per 5 attorneys
14