Counsel at First Appearance (CAFA)

Travis County Criminal Associate Judges preside over Magistration of criminal matters, which is the first appearance of a defendant in a criminal case. The CAFA Judges’ duties include but are not limited to reading arrestees their rights, setting bond amounts and conditions, and considering personal bonds.  Additionally, CAFA Judges listen to defense counsel and prosecutors’ arguments concerning bond amounts and possible release from jail.

The Honorable
Adam Alvarez

The Honorable
Naomi Howard

The Honorable
Craig Moore

The Honorable
Jana Ortega

The Honorable
Jesse Taylor

Travis County Courts Guidelines for Conducting Magistration with Counsel at First Appearance

The Travis County Courts are committed to improving access to justice for all people who move through our criminal legal system, including providing Counsel at First Appearance. By implementing CAFA, we believe the community is more resilient by stabilizing families and mitigating against inequality between magistration for arrestees who cannot afford counsel and arrestees who can.  Accordingly, below are the following guidelines for the magistration process:

1. It is the intention of the Counsel at First Appearance initiative to provide individuals arrested on a charge subject to imprisonment with representation at magistration. By providing counsel under these guidelines, the plan is to improve fairness at magistration, facilitate prompt pretrial release for appropriate arrestees, and limit pretrial detention to cases of necessity.
   
   
2. Travis County Judges issued a Standing Order which allows for representation for the matters under consideration at magistration, including but not limited to giving counsel adequate preparation time to review case filings, consult with the arrestee, and attempt to contact witnesses such as family members and service providers, if relevant or necessary. This time will vary depending on the individual circumstances and does not intend to ensure any specific time, but sufficient to understand and handle the limited matters under consideration at this stage.
   
   
3. Prior to the opportunity for confidential consultation with the arrestee, appointed counsel receives information about the arrestee or the alleged offense that is provided to the magistrate, in accordance with the Court’s Standing Order. This information includes but is not limited to probable cause affidavits, pretrial services reports, and criminal history reports, unless prohibited under state or federal laws.
   
   
4. Travis County provides the appointed counsel an opportunity for in-person, confidential attorney/client consultation prior to magistration. This opportunity will be of sufficient length to allow for meaningful representation for the matters under consideration at magistration.  Of course, this length of time cannot be predicted in any particular case, but is a significant factor for the judge to consider.
   
   
5. CAFA Judges conduct magistration in the physical presence of the arrestee and their counsel, unless illness, disasters, emergency, or safety prevents it in the discretion of the Judge or law enforcement. Other exceptions to in-person magistration may be permitted for illness, safety, disasters, or emergencies ordered by the Presiding Judge for Travis County Criminal Courts or otherwise authorized under state or federal laws.   If a judge determines magistration cannot proceed in person for one of these reasons, the judge will state the reason on the record, unless doing so would violate the law.
   
   
6. In their discretion, CAFA Judges will provide counsel a reasonable opportunity to make arguments on the amount of bail and any conditions of bail under the rules set forth in Article 17.15 of the Texas Code of Criminal Procedure, including arguments under the U.S. Constitution.
   
   
7. CAFA Judges will conduct magistration in a publicly accessible courtroom, subject to closure to the public under exceptional circumstances, as authorized under state or federal laws, or circumstances necessitated for severe and contagious illness, emergency or safety of the arrestee or others. Judges may close the proceedings for an individual arrestee by making specific findings on the record regarding the basis for such closure should it occur.