“It's an unconstitutional process that we are facing when we don't have legal representation available at the time of arrest,” said Sommer Alexander, a representative of advocacy group Texas Harm Reduction Alliance. “The right to legal representation is a cornerstone of our Constitution.”
The overview
Beginning in 2024, county officials earmarked $15.5 million toward Counsel at First Appearance, or CAFA—the post-arrest evaluation and bail-setting during magistration regardless of a person's ability to pay for a lawyer.
In partnership with the city of Austin, the county began conducting “test” shifts in April, following a lawsuit filed arguing that arrestees without a lawyer are left to defend themselves and vet questions and details about their alleged crime that could elicit answers that jeopardize the arrestee's case.
“I agree with the advocates. I'm tired of waiting too,” Precinct 4 Commissioner Margaret Gomez said.
She noted that local officials have been discussing representation for those unable to afford it for nearly 30 years, emphasizing that it has taken an extreme amount of effort and coordination to make the CAFA initiative a reality.
The first $5.8 million in county funding was doled out in October, paying for 43 new positions that support CAFA, including defense attorneys, clerks, legal secretaries and translators.
Since April, there have been a total of 1,132 arrested individuals that have received legal counsel under the CAFA program, according to county documents.
The details
The CAFA program was rolled out in a phased approach as departments hired and trained staff, with the first shift of CAFA expected to be fully operational by February from 2-11 p.m. seven days a week.
The funding approved by commissioners in January will support the implementation of the next shift of legal representation, which will operate from 6 a.m. to 3 p.m. The remaining $1.4 million allocated to the program will cover costs incurred by the sheriff’s office.
County staff are in the process of filling positions and plan to roll out the second CAFA shift in phases starting in March, with a goal of becoming fully operational by July.
"With 86 [new full-time employees], this is the largest commitment the county has ever made in the fastest time possible,” Travis County Budget Director Travis Gatlin said.
Of note
Travis County Defense Attorney Seth Manetta-Dillon urged county officials to monitor the program, asking that additional training be given to judges on duty.
He explained that judges have occasionally asked arrestees about their citizenship status.
"I have witnessed some of those judges ask questions they should not ask," Manetta-Dillon said. "... It's really important that [individuals] have legal representation, and they know what to say, and what not to say."
Manetta-Dillon said that in light of recent federal immigration policies, “at-risk” individuals need the CAFA program now more than ever.
