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Henderson County court renews contract‑counsel program to address shortage of local indigent defense attorneys
Summary
County Commissioners approved renewal-in-form of contracts for six contract defense attorneys and authorized the county judge to sign, after 390th District Judge McKee described contract edits that remove local‑office and fax requirements and clarify monthly reporting for Texas Indigent Defense Commission reimbursement.
Henderson County Commissioners Court approved a renewal-in-form of the county’s contract counsel program for indigent defendants, authorizing the county judge to sign agreements that keep six contract defense attorneys available for court‑appointed cases.
The move responds to what 390th District Judge McKee described as a continuing shortage of local attorneys willing to accept court‑appointed criminal work. Judge McKee said the county instituted the contract attorney program two years ago and "the contract attorney program, it's been rocking along for 2 years," adding that many edits to the contracts are minor but important. "You just don't have enough attorneys...that will do this kind of work, court appointed work," he told the court.
Why it matters: the contracts let the county continue assigning counsel when locally based attorneys are unavailable and ensure the county can meet reporting requirements for reimbursement from the Texas Indigent Defense Commission. Judge McKee said the updated contracts remove an old requirement that attorneys maintain a physical office in Henderson County and strike an obsolete fax‑machine clause; they also add a form and schedule for monthly submission of case numbers to the auditor so the county can receive reimbursement.
Details discussed by the court include the distribution of contract duties across dockets: four contract counsel are associated with the 390th District judge’s caseload and two with the other district court docket, reflecting a statutory change that concentrated roughly 80% of felony filings in the 390th. The court clarified that approving the contracts "in form" allows the county judge to sign and later populate individual names if counsel change during the year without re-approving general terms.
Motion and next steps: Commissioner Tooley moved to approve the contracts in form and Commissioner McCam seconded. The motion passed unanimously by those present. The county judge was authorized to sign the agreements, and county staff will proceed with execution and the monthly reporting steps described by Judge McKee.
