Stakeholders urge county to hurry up on implementing legal defense at bail hearings

At Tuesday’s meeting of the Travis County Commissioners Court, a coalition of people impacted by the justice system, community organizers and county staff gathered to urge commissioners to develop a permanent program allowing people who have just been arrested to have lawyers at their bail hearings before they’re booked in the county jail – also known as counsel at first appearance (CAFA).

The county has been trying for years to get the ball rolling on CAFA, attempting a pilot program in 2022 that ran for only nine days because of staffing shortages. This year, more progress has been made – 10 test shifts have been conducted so far across April, May and June, and the county is planning an additional 12 days of test shifts through the end of July. But stakeholders say they still haven’t been included in a comprehensive discussion that nails down a timeline for full implementation.

Research shows that providing legal defense at the initial bail hearing avoids unnecessary jail stays and produces better outcomes for criminal defendants. Its urgency is underscored by a recent ACLU Texas lawsuit that alleges the county is violating the constitutional rights of defendants by not providing CAFA.

“We do think everyone is for this, but we’re still struggling with implementation,” Bob Batlan, with Advocates for Social Justice Reform, said in a press conference outside the Commissioners Court Tuesday. He said when his organization started five years ago, CAFA was the top priority, because “everyone wanted to do it, and we thought it would be easy to get the approvals needed to make it happen. Then we found out that facilities were a problem, staffing was a problem … and we kind of got stuck on that.”

Adeola Ogunkeyede, the county’s chief public defender, said in public testimony during the meeting that having overseen all 10 test shifts herself, “the lawyers have pulled together, the state is showing up in person as well as defense counsel and we have demonstrated that we can make this happen.”

Despite not having full staffing and enough physical space, factors which have stymied the program’s progress so far, Ogunkeyede said, “We have shown we can continue to put this project forward. And now is the time to put a plan to paper, obviously understanding that the plan might need to shift and pivot.”

She also pointed out that her staff is shifting their entire office’s process to be able to accommodate CAFA, so having a set plan would also help county employees know what to expect. 

“Right now, a vast majority of the many people residing in the Travis County Jail have not been convicted of any crimes,” said Tom Downing, pastor at University United Methodist Church. “Already jobs have been lost, families evicted, lives ruined for those that could have had charges dropped, been diverted to rehabilitation programs or be ultimately found innocent if only they had legal representation.”

Downing highlighted that Harris and Bexar counties have already implemented CAFA, “demonstrating its feasibility and benefits. It will require an investment to make this happen; but it will also result in reduced expenses 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.”

In a statement to the Austin Monitor, Travis County spokesperson Hector Nieto said, “since April 2024, there have been 10 days of successful CAFA test shifts with over 260 people (served). Travis County staff, along with partners involved with CAFA, have learned a lot from these test shifts and will continue to refine the process.”

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