Comments on: From the Houston Criminal Law News

By: Connie White

Connie White — Sun, 13 Jul 2008 05:06:00 +0000

I’m writing concerning my attorney friend that is currently awaiting sentencing for a 2nd degree felony. Does an individual have any recourse when a court appointed attorney fails to put forth the effort to defend his client’s case? Are the efforts and charges submitted to the county public record? In other words, who’s watching over them to make sure they are doing their job properly? Also, how much weight does a PSI report have at the sentencing hearing or does it depend on the Judge? Is it typical for the Prosecutors to insist that the defendant waive his rights to an appeal as part of the “deal”?

By: qeenie

qeenie — Sun, 13 Jul 2008 03:24:32 +0000

Hard to say – generally, appointed attorneys in Harris County district courts are paid per day depending on the work done – hearing, trial, etc. You can be paid for 3 cases/appearances per day. There is a rate for out of court hours -$75/hour – but I think the majority of appointed counsel submit vouchers for appearances (the set fee)- out of court hours require more “billing” in that they have to document their time somewhat.

The more interesting comparison – defense attorney v. prosecutor is in the courts who use contract lawyers – contract lawyers on the first degree list get $2,200 per week.

By: Mark Bennett

Mark Bennett — Sun, 13 Jul 2008 00:57:20 +0000

Not too shabby. Any idea how many hours of work that represents?

By: Qeenie

Qeenie — Sat, 12 Jul 2008 21:12:41 +0000

OK – if you want to talk pay –>
I’m redacting the names- but here are the top 25 amounts paid to court-appointed attorneys by Harris County in 2007. Keep in mind – these attorneys may work in other counties and probably generate fees from retained work as well.
$356,225.00
$288,015.50
$280,432.40
$263,831.93
$248,686.50
$230,040.00
$226,237.50
$212,477.73
$212,420.50
$211,644.25
$211,355.00
$200,515.50
$198,937.77
$189,434.48
$186,670.00
$168,185.00
$167,569.31
$167,195.30
$165,525.00
$160,790.00
$156,649.21
$156,586.52
$155,010.00
$154,634.08
$154,393.39

By: Mark Bennett

Mark Bennett — Sat, 12 Jul 2008 20:32:26 +0000

Qeenie, I pick my words carefully, and I prefer commenters who actually read what I’ve written.

Jim and Skip are outstanding lawyers. I’m glad they’re making $200k plus; they well deserve it.

By: qeenie

qeenie — Sat, 12 Jul 2008 20:28:18 +0000

I know who the highest paid court appointed lawyer is – he made about 365,000 (or maybe 356,00 don’t have it front of me and can’t remember exa0tly) in 2007.
I think he’s a good lawyer and busts his hump – a know of a few not guiltys from juries in 1st and 2nd degree cases in2007. He’s a good lawyer. So are #2 and #3

Since you’ve already concluded he couldn’t have done so ethically – I’m not throwing his name out. I’ll tell you #2 and #3 (can’t remeber the order) are Jim Leitner and Skip Cornelius. Think they’re unethical?
You seem to make a lot of harsh conclusions without really knowing all the facts.

Are you even on the felony appointment list? And if so, what level?

By: Mark Bennett

Mark Bennett — Sat, 12 Jul 2008 15:41:27 +0000

Hi, Qeenie. No, I never worked in the Office. $150-200k a year is probably equivalent to chief’s pay, except that these court appointed lawyers have office and administrative expenses. And they’re doing better than the bulk of criminal defense lawyers, private or hired.

I’d like to know who made $350,000 off the government teat in 2007. If anyone knows, please share. I’m not convinced that it can be ethically done. Anyway, banish the notion that these top 10% of court-appointed lawyers are representative of the private criminal bar generally.

No, I have no idea about the Office. I didn’t mean to suggest that the DA’s office was a great deal. But I know as much as anyone about building a criminal defense practice in Houston.

I think the better practice is to start one’s own practice as early as possible, but that reflects my own preferences, and lots of people would probably prefer ten (?) years of crap before making chief (or, in a firm, partner) doing one thing to a lifetime of entrepreneurship doing another.

The chiefs have made the investment already; they’re not deciding whether to join the Office, but whether to jump ship. I would expect them to want a steely-eyed evaluation of the costs and benefits of private practice.

By: Qeenie

Qeenie — Sat, 12 Jul 2008 15:17:26 +0000

I’ve got news for you: those salaries don’t reflect actual chief pay – it’s much higher. In September ‘07, commissioners court approved pay slot equalization for the DA’s office after the DA got a July raise — they bumped the pay slots 14%. Chief’s pay is now 120,000 and division chief pay is 126,000. And, retirement is much more than 7% — the county contributes something like 14% of the employees pay to the retirement system – the employee contribute 7%.

This 14% bump was not implemented until Jan ‘08 – in part because the payroll clerk quit and no one else entered the raises . . . . .so it’s not reflected in the database which only includes 2007- so the sheriff and DA actually make more than what it says and so do their top staff.

Here’s something else for you: part of what the DA’s office relied on to get the September bumps was the pay of the highest paid court appointed lawyers. The top court-appointed lawyer made around $350,000 for 2007 – and the top 10 or so on the list were all around $200,000 plus or minus $50,000.

Considering how long you have to work for much much less than $120,00 and all the crap you have to put up with to actually get chief’s pay – it’s not that great of a deal.

Am i wrong – you never worked at the DA’s office – did you? You have no idea.

By: Ron in Houston

Ron in Houston — Thu, 10 Jul 2008 20:52:51 +0000

Mark – don’t forget having health insurance. We’ve had to have fund raisers for some family lawyers who didn’t have coverage and came down with catastrophic illnesses.

I’m lucky in that I have a wife who is a city employee. With my various health issues, there is no way I could be self employed if I were single.

By: Michael Pack

Michael Pack — Thu, 10 Jul 2008 18:28:23 +0000

Sir,it seems DUI is a money maker for most involved(except of course the accused).I’ve been a barber for years(self employed like you) and have noticed an increase in clients who have gotten a DUI in the last 8-10 years.Most have good jobs,families and never been in trouble.Most,not all, were pulled over for a minor mistake and ended up arrested.Only a few were involved in a crash.I’d like to ask you.How many of your clients are a true danger,or cause a wreak and how many were not driving recklessly.