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Evaluating Investigator Use by Defense Counsel in Texas

Following a concern that more than half of Texas counties were reporting no expenditures for defense investigators in 2020, NACDL, in collaboration with RTI International and the Texas Indigent Defense Commission, worked to better understand the issue. Using a combination of surveying and interviewing of investigators, defense attorneys, and judges, the team identified system strengths and challenges and shared recommendations for improvements. [Released Nov. 2023]

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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.

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