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JFA Evaluating Investigator Use by Defense Counsel in Texas
The qualitative and quantitative research conducted in this study supports a conclusion that the underutilization of defense investigators in public defense cases is a widespread problem in Texas. Both investigators and defense attorneys agreed that the relationship between the two groups was a positive one. However, both also identified areas that needed improvement to better utilize defense investigators in public defense cases.
RECOMMENDATIONS:
- Shift the review and approval of requests for defense investigators and the payment for investigator services from the judiciary to public defense service providers.
- Increase investigator usage in misdemeanor and juvenile cases.
- Promote early access to investigator services.
- Pool resources and develop hubs for defense access to investigator experts.
- Identify area of “investigator deserts” and promote greater access to investigators in these regions.
- Improve investigator compensation practices.
- Provide regular training for investigators, defense lawyers, members of the judiciary, and the community on the role and importance of defense investigators.
- Improve data collection and transparency regarding investigator expenditures and usage.
- Develop specialized grant opportunities to facilitate implementation of these recommendations.

