Commissioner Perez to call for Texas Indigent Defense Commission review

An El Paso county commissioner is calling for review of how judges select court-appointed attorneys.

Precinct 3 Commissioner Vince Perez says his office has been examining the cost for indigent defense for the last six months. Based on the findings, he has concerns and will be requesting the state Indigent Defense Commission to review El Paso County practices.

Perez is concerned with the amount of taxpayer dollars spent on private attorneys for defendants who can’t pay and with the small handful of lawyers who seem to be getting most of the cases. He hopes the Indigent Defense Commission will review how El Paso’s district judges are assigning attorneys and make some changes.

“A system that is more equitable and fair, a system that is more evenly distributed among attorneys and a system that ultimately benefits those who depend on these systems, the most vulnerable who can’t afford attorneys,” Perez said after a press conference Sunday morning.

In fiscal year 2013, the budget for indigent defense was $5 million. Perez says by the end of the year, $6.23 million was spent, 25 percent over budget.

Past three years stats show Lozano Walker, PLLC, earned close to $585 thousand. Walker and Lozano said in an email to ABC-7 they feel judges pick lawyers with right skill set who can get the job done. The statement from the two attorneys added they are likely highest in earnings for the last 3 fiscal years because they are two attorneys whose reimbursement is made out to the same entity.

Rosendo “Sandy” Torres got more than $446 thousand from the county and Francisco Macias earned more than $311 thousand.

“Three fiscal years in a row where the top 10 percent of attorneys are earning nearly 50 percent of all the indigent defense funding. I think that needs to be examined. I think we need to determine is that an efficient use of taxpayer dollars,” Perez said about how the review would be beneficial.

Judges are supposed to assign attorneys based on a rotating list, often called wheel system, managed by the court administrator. The list contains about 300 private attorneys and all of the county’s 34 public defenders.

Data on the Texas Indigent Defense Commission website says in fiscal year 2013, 69 percent of felony cases and 66 percent of misdemeanor cases were defended with appointed counsel.