Monitoring Program (Fiscal and Policy)

The Commission is required in Texas Government Code §79.037 to monitor each county that receives a grant and enforce compliance by the county with the conditions of the grant, as well as all state and local rules and regulations. Grant rules and the Uniform Grant Management Standards (UGMS) set priorities and processes to be considered when determining what counties to monitor. Staff applies a consistent procedure to the review of all county files and considers both programmatic and fiscal concerns when determining a county's risk level. Fiscal concerns are those related to the type and adequacy of the financial management system, the overall percentage of administrative expenses as they relate to total expenditures, value of grants awarded, value of equipment purchased and adjustment or tardiness in document submission. Programmatic concerns are those related to compliance with plan submission instructions, type of appointment system maintained by the county, the lack of an administrative person responsible for the oversight of indigent defense services, and compliance with the policies outlined in the county indigent defense plan. Staff would like for counties to see the monitor as a resource for technical assistance.

Fiscal Monitor
To assist counties with better understanding this monitoring program here is a checklist that the Fiscal Monitor uses when assisting the counties, a summary of most common findings, and a list of acronyms and abbreviations often used. You can review prior fiscal monitoring reports. If a county is unsure how to maintain records or categorize an expense, please contact us. Phone is (toll free in Texas): (866) 499-0656, phone in Austin: (512)936-6994 and fax is: (512) 463-5724.

Policy Monitor
The Commission monitors local jurisdictions to see that the core requirements of the Fair Defense Act are being met. To ensure that jusrisdictions are in compliance the Commission recommends that self-assessments be conducted on a periodic basis. Self-assessments involve local jurisdictios examining records to identify the effectiveness of local policies and procedures. As part of this examination process, it is recommended that magistrate's warning forms be maintained in a central location and that these forms list the time/date of arrest, the time/date of the warning, and whether the arrestee requested court-appointed counsel. Self-assessment can be performed by any jurisdiction and adds accountability to the indigent defense process. Court personnel may have an internal belief of performance based on experience with a part of the indigent defense process, but without actual records, one cannot know the effectiveness of the system. You can review prior policy monitoring reports. Joel Lieurance, Policy Monitor, can be reached by email at joel.lieurance@txcourts.gov or by phone at (512)936-7560.

Best Practice Forms (these are examples and counties may modify as necessary to address a county's particular need)