o To survey defense counsel to assess current attitudes and practices and to determine effective ways to encourage use of experts, investigators, and other support personnel.
o To examine relevant data relating to the use of investigators and experts by assigned counsel in both felony and misdemeanor cases.
o To determine whether investigators and experts are being properly used in public defender offices and managed assigned counsel programs.
o To determine the best ways to improve the use of investigators and experts such as through the creation of performance standards, CLE requirements, rulemaking, data collection and analysis, enhanced training, mentorship, the creation and funding of pilot projects other initiatives.
o Training for criminal defense attorneys (including both institutional defenders and the court appointed bar) on the uses and benefits of experts, investigators, and other support personnel.
Update (July-December 2021): Hosted monthly meetings, developed and distributed survey of investigators (100 responses collected), developed a survey to be distributed to the defender community across the state of Texas.
Update (January -June 2022): Hosted monthly meetings, conducted qualitative and quantitative surveys of defense investigators, attorneys and judges, and issued a preliminary report.
Update (July -December 2022: Sept. 6 to 9: Eldon Whitworth (Subject Matter Expert/member of TIDC Project Working Group) and Suzanne Strong (RTI) presented on our preliminary report and recommendations at the National Defense Investigator Association’s Regional Meeting in Austin, Texas. Abridged version of the report can be found here: https://www.strengthenthesixth.org/content/Texas-Report-2022. Continued to attend monthly meetings. RTI and NACDL will present findings to the board in March 2023.
Update (January - June 2023): March 30, 2023 RTI presented to the TIDC board of directors which included members of the Texas judiciary. Report finalized and submitted to BJA for approval. In-person training is in the planning stages and will likely take place in the fall of 2023.
Update (July - Dec. 2023): BJA approved the final report. RTI participated in a TIDC training on the report in Oct. and two trainings are being planned for the summer and fall of 2024.
Jan-June 2024: Developed an investigator & attorney training program which took place in Lubbock TX on March 28 & 29 2024; program was well attended by defense investigators and less well attended by lawyers. May do a second session of the program in the eastern part of the state. Contact is Scott Ehlers, SEhlers@tidc.texas.gov website is https://www.tidc.texas.gov/
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Kick-off meeting with the following attendees:
a. TIDC
i. Scott Ehlers, Director of PD Improvement
ii. Geoff Burkhart, Executive Director
iii. Kathleen Casey-Gamez, Senior Policy Analyst
iv. Joel Lieurance, Policy Monitor
v. Claire Buetow, Policy Analyst
b. Rachel Etheridge, Former Mitigation Specialist and Current Associate Attorney for RPDO Defenders for Capital Cases
c. Michelle Moore, Chief Public Defender at Burnet County Public Defenders Office
d. David Williams, Criminal Investigator with Harris County
e. Philip Wischkaemper, Chief Defender with Lubbock Private Defender Office
f. Eldon Whitworth, Fact Investigator with Lubbock Private Defender Office
g. Nate Fennel, Texas Fair Defense Project
h. Judge Genesis Draper, Harris County Criminal Court #12
i. Kelli Childress, Chief Public Defender in El Paso
j. Charles Chatman, Exoneree in Dallas, TX
k. Benjamin Wolff, Director of the Office of Capital and Forensic Writs
MOU finalized and signed.
Call with Scott Ehlers and Kathleen Casey-Gamez
Call with Scott Ehlers and Kathleen Casey-Gamez.
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