NUECES COUNTY, Texas — CORPUS CHRISTI, Texas — A program focused on providing fair representation to those in need and accused of a crime has been renewed in Nueces County.
When someone is accused of a crime, by law they are entitled to have counsel represent them. If they cannot afford that counsel, that's where indigent defense representation comes in.
In Nueces County, there are two models that fall under that representation.
The traditional model involves private practice lawyers taking on cases and requesting to be paid by submitting a fee application to the courts after representing their clients. But that model comes with concerns.
"In order to get paid they have to close cases and in order to close cases, that's the way the system was set up. It incentivizes you to work on as many cases as you can as quickly as you can," said Danice Obregon, chief public defender.
Then there's the public defense model, which was introduced in Nueces County three and a half years ago. The attorneys under this model get paid a salary, which comes with a benefit.
"We can do our best work without that pressure, that incentive to close as many cases as possible," Obregon said.
It also allows for extra support from their own team of investigators, social workers and each other to elevate defense for their most vulnerable clients.
"We can benefit from each others experience, strengths and talents on a daily basis," Obregon said.
That public defense model will work alongside the traditional model in Nueces County. They received a grant in fall of 2022 and have closed about 3,000 cases since spring 2023, with almost 2,000 of those being this past fiscal year.
That's with the help of nine lawyers, including Amanda Gardner and Madeleine Gonzalez.
"Sometimes it's not about winning it's about the fight. And being able to fight for somebody and with somebody, you can't put that into words," said Amanda Gardner, assistant public defender at NC Public Defense Office (NCPDO)
"My goal is to let them know that no matter what if they don't have anyone in their corner, they have me," said Madeleine Gonzalez, misdemeanor attorney at NCPDO.
Clients do not get to choose which model attorneys will represent them. All attorneys including the public defense office are put in a wheel with the next person on the list representing the next client. Those who feel they may not be able to afford private services can apply for the indigent care options and a judge will determine who qualifies.
The grant, awarded and funded currently by the Texas Indigent Defense Commission, pays for the attorneys' salary, trainings, contract services and research systems and covers a range of cases.
"Our grant is anywhere from a class B misdemeanor all the way up to a first degree felony," Obregon said.
A big part of the renewing of the grant is addressing mental health in the criminal legal system. Obregon said about half their cases involve mental health.
She encourages families of those with mental health concerns to reach out to NAMI — National Alliance on Mental Illness. It has a local chapter that has services for families like support groups. Their number is 800-950-6264.
A lot of times families call 911 during mental health crises and while police and constables have crisis intervention training, they are not mental health professionals so sometimes the call will end up with that person ending up in county jail when really what needed to happen was mental health intervention.
There's also a mobile crisis outreach team that families can call that will result in at least a screening to see if police are necessary or if a social worker can help de-escalate and avoid jail. That number is 888-767-4493.
"Jail is not therapeutic for someone in a crisis," Obregon said.
TIDC was fully funding the grant to get the county started with the program. Starting this upcoming fiscal year, the county will start funding 20% each year until they are fully able to fund the program. Over the course of the initiative, the state would have contributed $7.2 million toward this effort.
"Their investment is just a tremendous asset to the county and that's why they were willing to take this innovative step three years ago and to continue it last week and go forward with this new phase of the grant," Obregon said.
Starting October first, the county will fund 20% of the program's expenses, with the state paying the rest. The plan is for the county to eventually take over the program.
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