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Fee Study Stats
Fee Study Stats
Fee Study Stats
Texas is 46th in the nation in funding public defense, spending just half of the national average
($9 versus $19.82 per capita):
• Bexar County spends even less than the State average: in FY 2021, Bexar County spent just $5
per capita on public defense—1/2 the state average and just 1/4 of the national average:
(2) Bexar pays 1/2 the State average for misdemeanor representation.
According to the Texas Indigent Defense Commission (TIDC), the statewide average
misdemeanor compensation rate in FY 2021 was $368.46 ($396.75, if you factor in
investigation and expert costs).
Bexar County pays attorneys $180 flat fee—less than half the State average:
Bexar County fares no better when compared with its neighboring counties, paying
less than 1/2 of local pay rates on average:
In just four years, Bexar County has gone from 242 attorneys to 68 attorneys on its
misdemeanor wheel—a 72% decrease—the result is unsustainable caseloads.
(4) Under the current fee schedule, attorneys cannot meet their constitutional or
ethical duties.
Regardless the type of case, under state and national standards, attorneys must perform
basic duties in every case, including investigation, research, client communication,
motion practice, and court appearance. This work must be completed regardless of
whether a defendant pleads guilty or proceeds to trial.
TIDC Guidelines recommend 8 hours of work on each misdemeanor case, though some
cases may require additional work, depending on factors such as immigration status,
video discovery, expert witnesses, or investigation needs.
Setting aside overhead costs, such as rent, LexisNexis, licensure, and other staff,
time, under the current fee schedule, an attorney would earn just $22.50 an hour if he
or she were to perform these basic duties in a misdemeanor case, assuming 8 hours of
work. Attorneys would fare better managing the deli at Buc-ee's.