Travis County Closer to Counsel at First Appearance

The Commissioners Court of Travis County, Texas, has taken a step forward in ensuring counsel for individuals at their first appearance before a judge. On Tuesday, the court voted to request an in-depth cost analysis for a permanent program, acknowledging the importance of providing legal representation during the crucial hearing when bail and jail release conditions are set.

Background

Someone arrested in Travis County is not currently guaranteed a lawyer during magistration, the hearing in which a municipal judge sets bail and jail release conditions.

This situation led to a lawsuit filed by the ACLU of Texas and a New York-based law firm in April, arguing that Travis County was violating the constitutional rights of arrestees. As a result, test runs for providing counsel at first appearance began the same month, and have since served over 600 people.

Program Expansion

The county has expressed its commitment to offering counsel at first appearance for all individuals during bail hearings. Vicki Ashley, interim Justice and Public Safety County Executive, estimated that the program could expand to one nine-hour shift a day by October, but this depends on securing funding and hiring additional staff.

Challenges and Advocacy

Staff members identified courtroom space and staffing shortages as the biggest hurdles, while criminal justice advocates pushed for consistent communication and a timeline. Yasmine Smith, Vice President of the Austin Urban League, urged the commissioners to provide even an "aspirational" timeline, stating, "a plan without a timeline is a wish."

County Attorney Delia Garza attributed the slow progress to the involvement of multiple governmental bodies in the arrest process and assured the court that staff is working to streamline it.

Grassroots Leadership organizer Robert Lilly highlighted the integration of magistration counsel with vertical representation and called for a transparent spending plan. He said:

“I heard vague outlines, but I didn't see a commitment to a timeline, structures, processes. That’s a lot of money to give to vague ideas."

Key Details:

• The program expansion is estimated to cost $6 million to $6.5 million for the next fiscal year and require 60-65 new staff members.
• The county aims to build up to offering one session per day, seven days a week.
• The test runs have been well-received, and the county is committed to ensuring this right for all individuals.