Can a managed assigned council system be a workable solution to indigent defense problems?

 

Jim Bethke is the former executive director of the Texas Indigent Defense Commission and the current director of the Managed Assigned Counsel Office in San Antonio. In this episode, he talks about the system that he helped create and the areas he thinks still need work. 

 

There are three main types of indigent defense representation delivery models: full-time public defender, office contract counsel, and assigned counsel. Texas relies heavily on assigned council, and there are both pros and cons to that. Jim explains why the system is structured this way and its strengths and weaknesses. 

 

Then, he talks about the impressive work he’s doing in San Antonio to ensure fair representation for all and the ways his office is supporting behavioral health intervention. 

 

Overall, Jim has an incredibly vast career in public defense and a wealth of knowledge to give. After listening, you’ll finally know your take on assigned council in public defense. 

 

Key Topics and Takeaways:

• Background on Jim’s career in public defense. [6:03]
• What surprised Jim when he took over the Texas Indigent Defense Commission. [23:16]
• Why Texas has managed assigned council. [25:46]
• Reasons some of the larger Texas cities don’t have a public defender office. [32:22]
• Pay rates. [38:22]
• Behavioral health programs. [44:01]
• What is happening in response to Dobbs. [56:49]
• Where Jim wants to see the future of Texas public defense go. [1:04:23]

 

Guest:

Jim Bethke, Director, Managed Assigned Counsel Office, Bexar County, Texas

 

Resources:

How Lubbock became the model for Indigent Defense 

Public Defense Innovation in Texas Law Review 

Bexar County Managed Assigned Counsel 

 

Memorable Quotes:

“We are the voice of the poor. They have no voice.” (23:00, Jim)

 

“A managed assigned council program in many regards is more challenging to run than a public defender office because you're utilizing private attorneys. They're independent contractors, and you can encourage and you can promote and you can provide support, but you can't really direct their operations like you can with an employee.” (27:33, Jim)

 

“Some folks in the private bar are not that good, but you have also some incredible talent. And if you can get that incredible talent to participate as part of your either managed assigned or private defender, in some regards, you're going to have even better than a public defender.” (35:24, Jim)

 

“In the numbers that we're dealing with in rural Texas, it's not going to break the bank to get a constitutionally compliant system that's good and fulfills our constitutional and state law requirements.” (55:28, Jim)

 

“Your rights are only as good as you can defend them in a court of law.” (56:38, Hunter)

 

Contact Hunter Parnell:[email protected]

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