| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1655 by Ellis (Relating to the establishment of the capital writs committee of the Texas Judicial Council and the creation of the office of capital writs. ), Committee Report 1st House, Substituted |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2008 | ($142,142) |
| 2009 | ($154,287) |
| 2010 | ($154,287) |
| 2011 | ($160,474) |
| 2012 | ($160,052) |
| Fiscal Year | Probable Savings/(Cost) from GENERAL REVENUE FUND 1 |
Probable Savings from GENERAL REVENUE FUND 1 |
|---|---|---|
| 2008 | ($642,142) | $500,000 |
| 2009 | ($654,287) | $500,000 |
| 2010 | ($654,287) | $500,000 |
| 2011 | ($660,474) | $500,000 |
| 2012 | ($660,052) | $500,000 |
| Fiscal Year | Change in Number of State Employees from FY 2007 |
|---|---|
| 2008 | 4.5 |
| 2009 | 4.5 |
| 2010 | 4.5 |
| 2011 | 4.5 |
| 2012 | 4.5 |
The bill would establish the Office of Capital Writs and Capital Writs Committee as standing committees of the Texas Judicial Council. The Capital Writs Committee would be composed of five members to be selected by the president of the State Bar of Texas to: 1) oversee the creation of the Office of Capital Writs; 2) interview applicants for the position of director for the Capital Writs Office and recommend to the Court of Criminal Appeals who to hire; 3) develop and adopt standards and qualifications necessary for the attorneys to be employed by the Office of Capital Writs; 4) develop and adopt standards and qualifications for capital writs with respect to cases which the office is unable to handle due to caseload and conflicts. The bill would repeal provisions of existing law that relating to a convicting court's appointment of counsel in death penalty cases.
The bill would take effect September 1, 2007.
The state provides an appropriation for death penalty representation in the amount of $500,000 per year from General Revenue through the Judiciary Section, Comptroller's Department. This estimate assumes the new Capital Writs Office would supersede the need for continuing this appropriation and thus this amount is shown as a cost savings.
Estimated expenses for a Capital Writs Office are based on a forecasted caseload of 16 capital writs per fiscal year. This estimate assumes 4.5 full-time equivalent positions would be needed to staff a capital writs office capable of handling 12 cases per year, with private appointed counsel providing representation for 4 of the 16 cases. Staffing includes the following positions: 2.0 attorneys, 1.0 investigator, 1.0 legal assistant, and one part-time accountant (0.5 FTE) for a total of 4.5 FTEs. Salaries for the positions would cost $268,226 in fiscal year 2008 and $292,611 in fiscal year 2009 and each year thereafter, with related fringe benefits costing $75,811 in fiscal year 2008 and $82,780 in fiscal year 2009 and each year thereafter.
Travel expenses are allocated for five board members to attend regular meetings at $350 per member for each meeting ($4,305 in fiscal year 2008, $2,870 in fiscal year 2009 and each year thereafter). Other operating expenses include supplies, telephone, copy expense, software maintenance, and other office expenses ($21,325 in fiscal year 2008, $21,026 in fiscal years 2009 and 2010, $22,255 in fiscal year 2011, and $21,461 in fiscal year 2012). Fluctuating operating costs relate to replacement cycles for needed information technology equipment. Expert witness expenses, document bank, and other litigation expenses are estimated to average $6,250 per case and would total $75,000 per fiscal year to handle a caseload of 12. Additionally, costs of four cases outsourced to private law firms would total $45,000 per case for a total of $180,000 per fiscal year.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
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| LBB Staff: | JOB, ES, ZS, TB, KJG
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