Travis County commissioners took initial steps to form an indigent services legal workgroup with possible implications for the creation of a public defender's office, which would represent individuals who cannot afford legal counsel.

Today's action follows a study by the Texas Indigent Defense Commission, or TIDC, on the benefits of creating a public defender office in Travis County.

“There are good reasons that most counties of this size have moved to [a public defender office],” said TIDC Executive Director Geoffrey Burkhart in his presentation to commissioners.

Burkhart mentioned enhanced quality of representation for the poor, compliance with national standards for public defense provision and attracting top attorneys to the county.

As it stands, Travis County’s indigent defense system—which comprises separate offices, including the Mental Health Public Defender, Juvenile Public Defender and Office of Parental Representation—is facing high caseloads and increasing costs.



Per-capita indigent defense expenditures have risen from $8 per Travis County resident in fiscal year 2013 to $10 in FY 2017, according to the TDIC study.

TDIC’s proposed model for a public defender office, as described Tuesday, would:
• Handle approximately 30 percent of misdemeanor and noncapital felony cases
• Be staffed by an additional 66 employees—including 48 attorneys, 6 investigators, 8 support staff and 4 social workers
• Incorporate existing Travis County offices, including the Mental Health Public Defender, Juvenile Public Defender and Office of Parental Representation

“I think [Travis County] could have one of the strongest public defender offices in the nation,” Burkhart said.

TDIC offers a four-year grant program for counties to establish public defender offices. Over the length of the grant, TDIC pays for approximately 50 percent of the costs associated with the new office.

Should Travis County proceed with the public defender office as outlined Tuesday and receive a TDIC grant, establishing a public defender office would cost approximately $106,000 more per year on average in the first four years than it currently spends on indigent defense. After TIDC funding ceases, the county would pay about $3.5 million more per year.

Next steps

Travis County commissioners will finish drafting a charge to the task force and finalize criteria for individuals who will comprise the group.