AUSTIN — The American Civil Liberties Union of Texas has released the first seven months of reports from Travis County’s new counsel at first appearance process.
The results show that 99 percent of people arrested in Travis County since the start of the year have had an attorney present during their first appearance in court after arrest.
The report comes as a result of a settlement agreement reached between plaintiffs and Travis County in December 2025. A class action lawsuit was filed by the ACLU Criminal Law Reform Project and Weil, Gotshal & Manges in April 2024 on behalf of Vocal Texas and people jailed in Travis County without access to counsel.
“For the first time, as a result of this historic settlement agreement, nearly every single person arrested and facing jail time in Travis County has been represented by a lawyer starting at their very first appearance before a judge,” said Savannah Kumar, lead counsel. “The constitutional right to an attorney at hearings like these is the bedrock of a free and fair judicial system, and now many thousands of people in the past seven months have had an advocate by their side to ensure their rights are protected, no matter if they are rich or poor.”
The ACLU says that for years people in Travis County who could not afford a lawyer were required to attend their first appearance in court without legal representation. At those hearings, magistrate judges frequently asked questions about facts related to their alleged crimes, such as relationships with witnesses and other details that could later jeopardize people’s cases.
Without an attorney present, the ACLU says individuals were left to navigate this precarious, high-stakes, and unfamiliar legal process on their own.
“No one should face a judge alone when their freedom is at stake,” said Brandon Buskey, director of the ACLU’s Criminal Law Reform Project. “Research makes clear that unnecessary pretrial detention causes wrongful convictions. Providing people with attorneys at their first bail determination lowers that risk by helping to ensure that those who can be safely released and return to court are able to go home to their families.
“The success of the Travis County agreement shows that jurisdictions across the country can and should provide attorneys at this early, critical stage of the criminal case.”
The ACLU of Texas is conducting its own monitoring of Travis County's compliance with the settlement agreement.
