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    2026

    Blog | November 04, 2026

    Regional public defender offices help Texas counties meet indigent defense needs 

    TIDC Executive Director Scott Ehlers
    TIDC Executive Director Scott Ehlers

    For rural Texas counties struggling to find attorneys to represent people who cannot afford legal counsel, regional public defender offices offer a practical solution: pooling resources and improving local representation and access to the courts. 

    The Texas Indigent Defense Commission (TIDC), which is observing its 25th anniversary this year, has helped make that model possible through grants supporting the creation and operation of regional public defender offices. 

    Established in 2001 under the Texas Fair Defense Act, TIDC oversees and works to strengthen indigent defense statewide. Originally known as the Task Force on Indigent Defense, the commission adopted its current name in 2011. 

    “We’ve been around 25 years with our focus of funding, overseeing and improving indigent defense,” TIDC Executive Director Scott Ehlers said. “You have a right to counsel under the federal Constitution and Texas Constitution. We basically ensure the right to counsel is respected and fully implemented here in Texas.” 

    One of TIDC’s priorities has been addressing attorney shortages. Through ongoing sustainability grants, the commission generally covers two-thirds of the operating costs for rural regional public defender offices, including the Concho Valley Public Defender’s Office profiled in the latest issue of County magazine. 

    The support helps counties address persistent recruitment challenges. Public defender offices provide competitive salaries, benefits, mentorship, training and professional oversight. 

    “We’ve seen a lot of success with that model,” Ehlers said. 

    The benefits extend beyond having more attorneys available for indigent defendants. Local public defenders can reduce scheduling disruptions and delays. They can also visit clients in jail more frequently, pursue release when appropriate and help connect people experiencing mental illness with treatment. 

    Establishing a regional office requires cooperation among participating counties and local judicial officials. Counties typically enter interlocal agreements, with one designated as the host county. That county employs the office’s staff, coordinates contributions from participating counties and handles reimbursement requests to TIDC. 

    The commission generally defines rural counties as those with populations of 100,000 or less but can make exceptions to accommodate regional arrangements such the Concho Valley, where Tom Green County serves as a hub for smaller surrounding counties. 

    As TIDC looks toward its next 25 years, attorney shortages and excessive caseloads remain concerns for both rural and urban counties. TIDC is gathering data to better track caseload pressures and guide efforts to strengthen and modernize public defense statewide. 

    “Everything we do basically benefits the counties,” Ehlers said. “The goal is to help reduce the burden to the counties on how much they have to spend on indigent defense.” 

    Those priorities are reflected in TIDC’s legislative appropriations request for the 2028-29 biennium. The commission is seeking about $400.7 million, including $165.3 million in baseline funding and $235.4 million in exceptional item requests. The additional funding would be used to address the state's attorney shortage crisis and excessive caseloads, stabilize and modernize existing public defense systems and add capacity, improve rural attorney availability and quality, and support a grant program for family protection representation in child welfare cases 

    The 90th Texas Legislature, which convenes Jan. 12, will determine how much of the request is approved. (The 89th Legislature appropriated $180.5 million for the current biennium.) The proposal represents the commission’s effort to build on 25 years of progress while helping counties meet their constitutional obligations to provide legal representation to people who cannot afford an attorney. 

    Workshop videos 

    The Texas Indigent Defense Commission hosted an indigent defense workshop at the Texas Association of Counties building in October 2025. Watch videos from the workshop. 

    Written by: Jody Seaborn