Advocates call for Travis County to implement a plan for counsel at first appearance

AUSTIN (KXAN) — A group of advocates gathered at the Travis County Administration Building on Tuesday afternoon, demanding legal representation for pre-trial detainees at their first court appearance in Travis County.

Travis County said it supports the idea of this prospect – which is called “counsel at first appearance” or CAFA – but so far, staffing, infrastructure and procedural challenges have hindered its implementation.

Among the group Tuesday were representatives from Grassroots Leadership, Foundation for the Austin Sanctuary Network, VOCAL Texas, Austin Area Urban League, Advocates for Social Justice Reform, Austin Justice Coalition and Texas Civil Rights Project. All speakers demanded a similar goal: full implementation of CAFA.

CAFA allows a defendant to have legal representation during their initial court appearance after being charged with a crime. The demand for CAFA follows a class action lawsuit filed by the ACLU against Travis County in April in which the county is accused of allegedly denying detainees the right to legal counsel.

Travis County has conducted a handful of CAFA test shifts starting in late April that provided the space and resources for these arrestees to have the chance to meet with a lawyer before facing a judge. Eight shifts are scheduled for June that are open for public viewing.

A county spokesperson previously said the pilot was not a result of the lawsuit and had been in the works for a while.

JJ Ramirez — an organizer of VOCAL Texas — spoke of his experience with incarceration and the availability of legal representation on Tuesday alongside CAFA advocates.

"I was in a massive room, like 50 people and one magistrate judge, and they asked me, 'Will I get my own attorney?'" Ramirez said. "And I asked him, 'How do I know if I can afford that?' And the judge took a pause, looked at me, and said, 'Just pick.'"

Tom Downing — a member of Advocates for Social Justice Reform — called on Travis County to host a public briefing detailing "a plan of action for full implementation of council at first appearance for all people detained in Travis County."

"It will require an investment to make this happen, attorneys staff courtrooms, but it will also result in reduced expense," Downing said. "Chances for jail facilities, Child Protective Services, homeless shelters and workers lost to unnecessary incarceration. But the most important investment will be in treating our neighbors as human beings who are always worthy of second chances."

Bob Batlan — a member of Advocates for Social Justice Reform — appeared critical of Travis County's implementation efforts. He said that they have only conducted 10 test shifts out of the 1090 magistration shifts a year in Travis County.

"There seems to be a trend that the county is trying to figure out how to best manage it from their own perspective," Batlan said. "We're not getting the perspective of the people that are incarcerated, that are losing their jobs and losing their families before they have been adjudicated guilty or innocent."

The next scheduled CAFA test shift will be on June 21 from 2-10 p.m. in the Auxiliary Courtroom, Room #1.200 on the first floor of the Blackwell-Thurman Criminal Justice Center.

Brianna Hollis contributed to this story.