Solution 2

Modernize and Expedite the Application Process

Every accused person should be able to apply for counsel immediately after their arrest. Prompt appointment allows a lawyer to address any issues swiftly and to begin investigating the case while the evidence is fresh.

Strategy 1: Simplify Applications

An application for counsel should be simple enough for people to complete it from jail and without referring to other documents. Demands for difficult-to-access information or documentation can delay people from completing applications, or them from applying entirely.

Application forms should not inhibit people from seeking counsel
Arrested people frequently fill out applications for counsel from jail, without access to their own financial information. Yet some application procedures threaten appointment of counsel will be denied if information is incomplete, or even that people could be prosecuted for lying.

The result is the rules and procedures that counties have in place in Texas could inhibit people from applying for counsel. Making the process for applying for counsel as straightforward as possible can help.

 


Strategy 2: Digitize the Application Process

Counties should allow people to apply for counsel electronically, while retaining paper applications as an option. Electronic systems have several benefits.

  • Judicial efficiency: After a person submits their application, it can be sent to the appointing authority immediately for a decision via email.
  • Immediate notification: After the appointing authority reviews an application, notifications can be sent automatically to defendants and appointed attorneys as appropriate.
  • Record retention: Keeping all records digitally minimizes the likelihood of lost applications and undocumented decisions. Paper applications should also be scanned and stored digitally where they are still used.