Category: Bell County

Client Portal

MyCaseLogoSmallOur clients have 24/7 secure and protected access to us and to the details of their legal matter using MyCase, a private and secure client portal which creates an encrypted link between our client management system and our clients.

MyCase gives each of our clients a separate, private and secure website where we can share the calendars, documents, and billing details of each case with each client. Additionally, every item uploaded by our staff and by our clients into MyCase has a comment stream associated with it. Both the attorney and the client can use the comment stream to give status updates and leave comments. When that happens, real-time notifications are sent to all relevant parties, thus ensuring that everyone is kept up-to-speed about what is going on with each case and thereby guaranteeing that our clients are always aware of the progress of their case.

Furthermore, MyCase is the most secure way to protect attorney-client communication. Recent case-law has held that the attorney-client privilege may be waived if a client uses an insecure method of communication. This could include not only emailing an attorney using a person’s work computer or a shared computer which anyone else has access to, but it could even include calling an attorney on an employer’s telephone or with any other unsecured telephone. Additionally, cell phone communications have been intercepted in the past, and therefore the privilege could be waived by something as simple as using a cell phone to discuss privileged information with an attorney.

In order to avoid any potential problems, we have begun using the MyCase client portal to guarantee privacy with all communications between ourselves and our clients. MyCase, in addition to providing our clients with access to relevant court dates and documents in real-time, allows our clients to communicate directly with us in a safe and secure manner–thus ensuring protection of the attorney-client privilege. Our clients can send us secure messages and upload protected documents to us directly from within the MyCase portal, thereby eliminating the danger and risks associated with sending sensitive and privileged information through unsecure email addresses across the Internet.

Additionally, all information stored in the MyCase system is transmitted using the same 128-bit SSL encryption used by health-care providers, banks and other financial institutions. The information is then stored on the Amazon S3 system using 256-bit AES encryption.  S3 storage systems are distributed throughout the country in nondescript facilities which are protected by military grade perimeters where physical access to the hardware is strictly controlled by two-factor authentication and 24-hour security escorts (additional information regarding these security precautions is available here).

Finally, each and every document stored in our MyCase system is encrypted using a new and unique encryption key for each individual document, thus providing an additional layer of security. In other words, no unauthorized persons can get to our client data, and even the ones with physical access can’t do anything with it because it is encrypted beyond their ability to view it.

Our clients do not sit around wondering what is going on with their case, they know!  To use our MyCase portal, and have 24/7 access to all of the important details of your case any time you desire along with protected and private communication with us, we must first create a new private portal for you. So, the first step in getting access to MyCase on our system is to notify us that you want access.

This is achieved by providing us with your email address, as your email address will function as your user name on the system. Once we have confirmed the validity of the email address, and that you are the person requesting access to your own matter, an account will then be created. Once that is completed, a confirmation email will automatically be sent to you, providing you with instructions for completing the sign-up process.

The confirmation email will look like this:

MyCaseWelcomeEmail

Once you click the link to activate your account, a webpage will open allowing you to choose a password.  It will look like this:

MyCasePasswordSet

After choosing a password, you will then be asked to confirm your address:

.MyCaseAddAddress

After updating your address, you will be taken to your new client homepage:

MyCaseClientHomePage

From the homepage, you can access your calendar events, upload and download documents related to your case, send and read secure communications between us and yourself, and access billing information, if any.  If you owe an outstanding balance, you can view that information here and even make payments online!

When a new event, document or comment is added to your case, you will receive an email notifying you that something has been added to your case.  The email will look like this:

MyCaseNotificationEmail

You will notice that none of the details of the event, document or comments are sent using an insecure email. The email simply notifies you that you need to log in and access the new information using the secure, encrypted client portal.

Once you log back in, the event appears under your calendar page like this:

MyClientNewEvent

Once you view the calendar entry, you can review details of the event – including whether your appearance at the event is required or not!

Additionally, the system is designed to send you an email reminder (and you can choose when and how often you want those reminders, as well).  An email reminder for an event you will be required to attend will look like this:

MyCaseReminderEmailYes

I have added the red box to show you where to look for attendance requirements.  If you are not required to attend, the email reminder will look like this:

MyCaseReminderEmailNo

Should you have any questions about the MyCase portal, please do not hesitate to ask.

New Policy on Court Costs with Felony Cases

Just like the County Courts, the District Courts of Bell County are now requesting that defendants have all of their court costs available at the time of the sentencing hearing.  Here is the memo signed by the criminal court judges which explains the policy in detail.

As stated therein, this policy applies to all defendants, whether in jail or out on bond.  Obviously, though, if the defendant is indigent and serving a term in prison, then that defendant may not have to pay court costs on the date of sentencing.  Whether such a defendant must pay has to be determined on a case-by-case basis, and a qualified criminal defense attorney should be consulted.

If, on the other hand, a defendant is being granted a term of community supervision (probation), then that defendant will very likely need to have his or her court costs available on the day the defendant is given probation.  If a defendant cannot even come up with the court costs on the day they are asking the judge to put them on probation, what chance does that defendant have of successfully completing the entire term of probation with all of the other fees and costs associated with it?  With that in mind, I am confident that a judge would think twice before agreeing to put someone on probation who starts off so poorly.

If, despite a defendant’s best efforts, a defendant cannot come up with all of his or her court costs, then the judge may be able to postpone the payment of court costs for up to thirty days.  The defendant’s attorney can make that request for the defendant.

The Cost of Indigent Defense in Bell County

How does Bell County stack up to other counties when it comes to Indigent Defense?  These charts explore some of the many facets of that question.  Bell County is compared to several counties with similar populations.  Bell County is also compared to each of the counties surrounding Bell County.  Finally, the total expenditures for the entire State of Texas are shown, as well.

Bell County Felony Cases

For the Year 2009 Current Population Estimate Number of Felony Cases Paid Felony Attorney Fees Felony Other Expense Total Felony Expenditures
Falls 17,807 144 $82,255 $28,003 $110,258
Lampasas 21,062 131 $75,480 $9,772 $85,252
Milam 25,468 284 $136,330 $17,966 $154,297
Burnet 43,433 383 $192,966 $326 $193,292
Coryell 76,751 461 $270,266 $6,132 $276,398
McLennan 226,456 2,012 $1,096,117 $133,566 $1,229,683
Webb 239,992 1,024 $187,856 $21,960 $209,816
Jefferson 245,904 1,360 $1,576,632 $93,359 $1,669,991
Lubbock 263,675 2,587 $1,253,987 $412,188 $1,666,175
Bell 277,743 1,568 $982,555 $36,529 $1,019,084
Galveston 286,987 2,636 $1,449,454 $153,903 $1,603,357
Brazoria 296,691 1,666 $1,084,980 $108,304 $1,193,284
Nueces 320,558 4,215 $2,136,816 $318,436 $2,455,252
Williamson 381,461 1,243 $706,534 $85,702 $792,236
Texas 24,105,062 191,936 $95,432,450 $12,873,102 $108,305,552

 

Bell County Misdemeanor Cases

For the Year 2009 Current Population Estimate Number of Misd. Cases Paid Misd. Attorney Fees Misd. Other Expense Total Misd. Expenditures
Falls 17,807 145 $35,850 $760 $36,610
Lampasas 21,062 64 $20,612 $0 $20,612
Milam 25,468 59 $16,930 $0 $16,930
Burnet 43,433 321 $146,980 $0 $146,980
Coryell 76,751 209 $54,574 $0 $54,574
McLennan 226,456 3,072 $906,487 $11,228 $917,715
Webb 239,992 1,091 $106,093 $4,750 $110,843
Jefferson 245,904 520 $155,475 $3,508 $158,983
Lubbock 263,675 2,276 $611,494 $42,435 $653,929
Bell 277,743 2,414 $638,853 $2,818 $641,671
Galveston 286,987 4,245 $452,056 $33,245 $485,301
Brazoria 296,691 1,034 $406,642 $12,961 $419,603
Nueces 320,558 3,875 $712,107 $12,085 $724,192
Williamson 381,461 2,622 $466,270 $7,429 $473,699
Texas 24,105,062 210,725 $32,021,577 $672,910 $32,694,487

Bell County Juvenile Cases

For the Year 2009 Current Population Estimate Number of Juvenile Cases Paid Juvenile Attorney Fees Juvenile Other Expense Total Juvenile Expenditures
Falls 17,807 36 $8,600 $0 $8,600
Lampasas 21,062 28 $6,575 $0 $6,575
Milam 25,468 37 $12,635 $0 $12,635
Burnet 43,433 50 $15,464 $0 $15,464
Coryell 76,751 32 $10,460 $0 $10,460
McLennan 226,456 607 $124,758 $27,029 $151,787
Webb 239,992 830 $114,593 $11,950 $126,543
Jefferson 245,904 621 $222,508 $1,037 $223,544
Lubbock 263,675 1,058 $138,740 $2,068 $140,808
Bell 277,743 743 $131,566 $76,379 $207,945
Galveston 286,987 755 $147,726 $504 $148,230
Brazoria 296,691 1,306 $164,262 $6,200 $170,462
Nueces 320,558 558 $120,844 $14,115 $134,959
Williamson 381,461 358 $174,894 $3,711 $178,605
Texas 24,105,062 56,090 $11,681,900 $694,684 $12,376,584

Subtotal Showing Expenditures and Grants

For the Year 2009 Subtotal of Attorney Fees Paid (Felony, Misd., and Juvenile Cases) Grand Total of all Indigent Defense Expenditures (including Attorney Fees) Task Force Formula Grant (Money paid to counties by the State) Task Force Equalization Grant (Paid to counties by the State)
Falls $132,106 $160,869 $13,106 $0
Lampasas $106,867 $116,639 $14,358 $10,741
Milam $165,895 $183,862 $16,540 $0
Burnet $355,410 $384,425 $23,557 $32,604
Coryell $335,300 $341,432 $39,325 $9,404
McLennan $2,421,864 $2,593,687 $106,306 $330,062
Webb $605,520 $2,638,769 $111,874 $336,372
Jefferson $2,061,609 $2,213,166 $115,422 $120,590
Lubbock $2,004,221 $3,417,922 $119,875 $0
Bell $1,760,610 $1,952,101 $128,109 $182,958
Galveston $2,102,320 $2,370,089 $133,523 $308,241
Brazoria $1,704,764 $1,875,216 $136,334 $256,523
Nueces $3,212,476 $3,572,900 $148,712 $318,642
Williamson $1,393,097 $1,576,216 $167,060 $52,245
Texas $145,597,795 $186,306,799 $11,624,982 $12,000,000

Grand Totals

For the Year 2009 Current Population Estimate Total Cost to County for Indigent Defense Total Cost to County per Population
Falls 17,807 $147,763 $8.30
Lampasas 21,062 $91,540 $4.35
Milam 25,468 $167,322 $6.57
Burnet 43,433 $328,264 $7.56
Coryell 76,751 $292,703 $3.81
McLennan 226,456 $2,157,319 $9.53
Webb* 239,992 $2,190,523 $9.13
Jefferson 245,904 $1,977,154 $8.04
Lubbock* 263,675 $3,298,047 $12.51
Bell 277,743 $1,641,034 $5.91
Galveston 286,987 $1,928,325 $6.72
Brazoria 296,691 $1,482,359 $5.00
Nueces 320,558 $3,105,546 $9.69
Williamson 381,461 $1,356,911 $3.56
Texas 24,105,062 $186,306,799 $7.73

* Has a Public Defender’s Office.

This data was obtained from the Task Force On Indigent Defense Public Access Website. The data is available on each county’s “County Data Sheet.”

Welcome to the Bell County Justice Center

The Bell County misdemeanor courts and associated departments are now fully moved into their new building at what the County is calling the Bell County Justice Center.  While it is too early to tell if adding the county departments to the building will mean that justice finally makes an appearance in the Justice Center, it will be welcome news for many now that both the felony and misdemeanor courts are in the same building for the first time in quite a few years.

Instead of the “temporary” courthouse annex on Second Avenue, all of the misdemeanor courts are now next to the district courts.  The physical address for all of the criminal courts is now 1201 Huey Road, Belton, Texas 76513. Here is a Google Map of the entrance from Loop 121 onto Huey Road.  You can click on the link labeled “Directions” to get detailed driving instructions from your location to the new complex:

Once you arrive at the intersection above, you can see the complex over to your left.  The turn onto Huey Road looks like this:

First Sign Going In

As you can see, the street sign indicates it is the 1200 block of Huey Road (even though Google thinks it is Huey Drive).  It intersects with the 2200 block of Loop 121.

Entire Complex Labeled

Once you enter onto Huey Road, you’ll drive just a short bit to get to the entrance to the complex. 

The complex now consists of the county and district courts, the county and district prosecutors, the county and district clerks, the Indigent Defense department, the Pretrial Services department, the Bell County Jail, adult probation, and the Justice of the Peace for Precinct One.

There is only one public entrance for the entire building, and there are deputies on duty manning the metal detectors.  Therefore, please leave all of your guns, knives and bombs at home.

I cannot imagine what a nightmare the Justice Complex is going to be on Monday mornings when the parking lot is full of potential jurors, defendants, lawyers and the rest of the public trying to fit through the bottleneck that will undoubtedly occur.  I suppose the lesson is, “be early.”

If you are going to the Bell County Jail, you’ll turn to your right and just keep driving as far as you can.  Eventually you’ll run into the jail.  The entrance is in the corner, and you’ll have to walk a

bit across a little foot bridge to get there.  They have a beautiful round entrance area which you’ll see on your right as you walk by it with the summer sun beating down on you from above, but someone decided to put flag poles right in the middle of the driving surface and then on top of that someone roped off the entrance anyway.  A beautiful and convenient drop-off location blocked off with $3 worth of cheap rope.  That’s classy!

Regardless, the new courthouse complex is fantastic and it looks like a million dollars (though I suppose I should say it looks more like almost $100 million dollars)!  Even though the voters repeatedly voted it down, and even though the public may scream about the expense, I (for one) realize how badly the county needed this expansion.  Also, as a criminal defense attorney I previously spent a good chunk of my day driving back-and-forth between the district and county buildings.  At long last, I have one-stop shopping since the county’s “Justice Complex” is now open for business.  Let’s just hope that not all of that complex justice is out-of-stock.

See you at the new courthouse!

Court Appointed vs. Retained Attorneys in Bell County Felony Cases (1993-2009)

I created the following table with data provided by the Texas Office of Court Administration.  This table shows the total number of felony cases resolved during the last 17 years in Bell County, Texas.  It then shows how many cases out of each total had a defendant represented by retained counsel and how many were represented by court-appointed counsel.  It then shows the percentage of court-appointed cases for that year.

UPDATE: I received some calls from various persons who took issue with how I calculated this data.  I would point out that using this alternative methodology suggested results in this new table.  For anyone interested, here is the new methodology:  Go to this website at the Texas Office of Court Administration. Choose for report type "District Court Data Reports". For Report, choose "District Activity Summary by Case Type". On the new page, choose January through December of a particular year. The county is "Bell", the court is "All", and best format is "Export to Acrobat". Click Run Report and the data will appear. The bold numbers on the far right of the "Criminal Cases" report show totals for criminal felony data. If you take the number of "Total Cases on Docket" and subtract the "Cases Pending" at the start of the year, you get the total number of new cases (save that number as "NEW CASES"). Next, look at the bottom of that chart and it says "Cases in Which Attorney Appointed." That is the number of "APPOINTED CASES." If you divide APPOINTED CASES by number of NEW CASES, you’ll get the percentage of court appointed cases. Then, subtract the number of APPOINTED CASES from the number of NEW CASES and you’ll have the number of retained attorney cases.

NEW TABLE:


Year Total
Cases
Court
Appointed
Attorney
Retained
Attorney
Percentage
Appointed
2000 1,479 475 1,004 32.1%
2001 1,903 474 1,429 24.9%
2002 1,720 591 1,129 34.4%
2003 1,875 1,104 771 58.9%
2004 2,034 1,601 433 78.7%
2005 2,023 1,826 197 90.3%
2006 2,293 1,955 338 85.3%
2007 2,484 2,120 364 85.4%
2008 2,380 1,980 400 83.2%
2009 2,272 1,179 1,093 51.9%

OLD TABLE:


Year Total
Cases
Court
Appointed
Attorney
Retained
Attorney
Percentage
Appointed
2000 1,579 475 1,104 30.1%
2001 1,857 474 1,383 25.5%
2002 1,733 591 1,142 34.1%
2003 1,831 1,104 727 60.3%
2004 1,889 1,601 288 84.8%
2005 2,099 1,826 273 87.0%
2006 2,242 1,955 287 87.2%
2007 2,324 2,120 204 91.2%
2008 2,419 1,980 439 81.9%
2009 2,283 1,179 1,104 54.6%

UPDATE: Using either methodology, disposed cases for new cases, you get roughly the same numbers.  And either way shows a significant drop from 2008 to 2009.

Interesting.  In 2009 – even with the country in a major recession and presumably more Bell County citizens out of work than any of the other years for which data is available – the percentage of defendants with court-appointed attorneys dropped from 82% in 2008 to 55% last year.

Here’s a bar graph showing the changes:

Book3

What’s the reason for the change?  Perhaps you’ll recall an earlier post of mine (“Why high bail amounts cost taxpayers money”).  In that posting I argued that the high preset bail bond amounts imposed by Bell County magistrates result in criminal defendants qualifying for court-appointed attorneys because they’ve spent all of their money on bonding out of jail.

Well, since that post, the new Pretrial Services Office in Bell County has been bonding out more and more criminal defendants on PR Bonds.  So, even though the preset bail bond amounts have not lowered like they should have, it does not matter since PR Bond is getting more and more people out of jail and back to being productive members of society.

With more criminal defendants able to return to work, there have been more retained attorneys.  It’s nice to be vindicated by data.