'Someone in their corner': Travis County to expand Counsel at First Appearance program
AUSTIN (KXAN)— In just a few weeks, Travis County will be expanding its Counsel at First Appearance (CAFA) program to help more people with legal representation before they’re released from jail.
It’s a $15 million investment by the county. And it said there will soon be more attorneys showing up to court to advocate for someone who was arrested, as they make their first appearance before a judge.
“For decades, people have been getting attorneys when they can’t afford one,” Geoff Burkhart Travis County executive for Community Legal Services said. “But in most of Texas, you don’t get one at first appearance.”
According to Burkhart, Travis County now has three different defense providers who are working on providing defense:
- The Office of First Defense, handling 50% of representation
- The Travis County Public Defender Office, handling 25% of representation
- The Capital Area Private Defender Service, handling the other 25% of representation
“It’s a mix,” Burkhart said. “Some of those are attorneys we’ve had for years and years of the county.”
Attorney shifts
According to Travis County Judge Andy Brown, beginning July 1, there will be two shifts of attorneys helping people as they make their first appearance before a judge before they’re released from jail.
“It starts at 6 a.m., bright and early, and will go all the way through to about ten or 11 at night,” Burkhart said.
Within the next few months, Burkhart told KXAN their goal is to have CAFA attorneys available 24 hours a day.
Inside the courtroom during a first appearance with CAFA attorney
Having extra attorneys to help out, can be critical, because it allows defendants to have an advocate from the beginning, and can positively impact a case.
“[A lot of people] don’t understand what their rights are,” CAFA Attorney Dyon Lofton said. “You come in this courtroom for the first time after being arrested, you need someone in your corner to be able to explain to you what’s going on.”
Lofton represented people going before Judge Jana Ortega on Wednesday.
A number of people trying get out of jail walked into her court room handcuffed, shackled and in a jail uniform, not knowing whether they’d be released. However, their chances are arguably better in Travis County because of the CAFA program.
Effectiveness of CAFA programs in Texas
Travis County first piloted its program about 15 months ago, according to Burkhart. And he said, it is one of only seven counties in the state doing something like this.
“We’re seeing that the clients that are represented have a better experience,” Burkhart said. “We’re seeing better rates of personal bond.”
Hays and Potter counties also have programs like this. An evaluation by researchers at Texas A&M University found it helped lower bond by up to $2,500 dollars and increased the likelihood of a personal recognizance bond by at least 19%.
“I think that it’s important that everyone has someone in their corner,” Lofton said.
Travis County said CAFA attorneys will typically only help with initial legal representation when a person goes before a judge. Another attorney will take over a defendants case after, Travis County told KXAN.
