Travis County Presses for Counsel at First Appearance

Local advocacy orgs urged Travis County officials to provide updates on implementing counsel at first appearance (CAFA). Currently, Travis County does not provide lawyers during magistration, where bail and jail release conditions are set.

A 2022 pilot program was canceled due to sheriff's office staffing shortages. Activists have since pressed for a small CAFA pilot.

Since April 23, the county has tested CAFA, but advocates say most people in jail still lack access to attorneys at magistration.

"Counsel at first appearance is a key component of effective pretrial justice...We want this to be put on the county's agenda...We want all the stakeholders to be present," Robert Lilly, a criminal justice advocate, said.

The ACLU and a NY law firm sued Travis County in April for lacking CAFA.

County spokesperson Hector Nieto said there've been 10 test shifts since April, with 260+ people receiving counsel. The county plans 12 more days of tests through July.

Nieto provided no timeline for updates, citing a need for more info. Precinct 1 Commissioner Jeff Trevillion said the court awaits a staff report on jail facilities before acting further.

Sheriff Sally Hernandez cited facility and staffing issues, needing funding, to expand CAFA.

County commissioners last discussed CAFA on March 21, and advocates believe their voices initiated the tests.