Advocacy organizations demand implementation of Counsel at First Appearance (CAFA) for those detained at Travis County Jail

Austin, Texas – Grassroots Leadership, the Foundation for the Austin Sanctuary Network, VOCAL Texas, the Austin Area Urban League, Advocates for Social Justice Reform, Austin Justice Coalition, Texas Civil Rights Project and others, in collaboration with concerned Central Texas residents, are calling for immediate action from Travis County officials regarding the implementation of Counsel At First Appearance (CAFA) for all detainees in the Travis County Jail.

The lack of legal representation at magistration, the first court appearance after arrest, is a critical issue affecting thousands of individuals in Travis County each year. ACLU Texas recently reported that individuals magistrated in Travis County are not provided with legal counsel, and two-thirds are required to pay cash bail. Furthermore, significant communication and technical issues during magistration have been documented, alongside the absence of protections for detainees who may face intersecting barriers such as immigration or housing status.

“Lack of counsel at first appearance leads to many people remaining in jail awaiting a trial. That time of incarceration may have a devastating impact on their family, their job, bill payments, and their reputation regardless of the case outcome,” said Tom Downing, Advocates for Social Justice Reform.

This failure to provide legal representation at the first appearance violates constitutional rights. In response, ACLU Texas has filed a class action lawsuit for those affected, demanding the affirmation of the constitutional right to counsel at first appearance.

“Texas is in the midst of a statewide jail overcrowding crisis. We’re calling on County leaders to recognize the urgency of this moment and take decisive action to promote public safety by implementing safe, evidence-based practices that keep residents from needlessly languishing in jail.” said Alycia Castillo, Senior Advocacy Manager for the Criminal Injustice Program, Texas Civil Rights Project.

Research from Texas A&M’s Public Policy Research Institute underscores the importance of CAFA, showing that it not only upholds constitutional rights but also leads to lower bond amounts, increased likelihood of personal recognizance bonds, and earlier pretrial release without compromising public safety. Other counties, including Harris and Bexar, have successfully implemented CAFA, demonstrating its feasibility and benefits.

Despite previous attempts to pilot CAFA in Travis County, full implementation has yet to be realized. In the past, test shifts have reached less than 1% of the jail population, which falls significantly short of the 24/7/365 coverage needed. These test shifts lack sufficient data collection for meaningful analysis, fail to address intersectional barriers faced by detainees, and lack a comprehensive plan for full implementation.

“Full implementation of CAFA is essential to equitable outcomes. It is not enough to ‘test’ the concept which we have all agreed upon and that which is Constitutionally protected. Though we recognize full implementation will take time, energy, and resources, that does not negate the necessity of having a full descriptive and public plan cemented in writing,” said Yasmine Smith of the Austin Area Urban League.

Therefore, we demand that the Honorable Travis County Judge Andy Brown, County Commissioners, and Sheriff Sally Hernandez publicly announce concrete plans and a timeline for the immediate implementation of in-person CAFA for all Travis County Jail detainees. This demand was presented during a press conference followed by a public working session on June 18, 2024.

“Grassroots Leadership wants nothing less than in-person representation, with a holistic component that factors in the complex challenges all those who face criminal allegations have to address. These are innocent people until proven guilty and deserve every constitutional right afforded every citizen with or without means at their disposal,” said Robert Lilly of Grassroots Leadership.

Please join us by signing the joint letter here.

We urge all stakeholders and concerned citizens to join us in advocating for the fundamental rights and fair treatment of all individuals within the Travis County criminal justice system.

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