The ACLU stated Travis County requires people to attend their first criminal court hearing without providing them with a lawyer.
AUSTIN, Texas — The American Civil Liberties Union, claiming the county is violating an arrested person's right to counsel at first appearance.
The lawsuit is over a policy that requires those arrested to attend their first criminal court appearance without providing a lawyer to those who can't afford one. The ACLU filed the lawsuit on Wednesday night. The ACLU says people without lawyers struggle to be heard by the judge. According to an ACLU analysis of Travis County's first appearance hearings, about 66% of defendants pay for release. The analysis also revealed nearly a third of defendants without lawyers say things in the hearing that could affect their case, and one in 10 struggled with virtual hearings, which could lead to not being able to communicate with the judge.
“Communities in Texas and across the country have proven that counsel at first appearance helps fix what is broken in the criminal legal system,” said Trisha Trigilio, senior staff attorney at the ACLU Criminal Law Reform Project. “Travis County is embarrassing itself with these backward practices when a proven solution is within reach.”A couple of years ago, Travis County launched a program for people who could not afford representation at their first court appearance.
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