Some arrestees in Austin lack legal representation at a stage that can determine their cases’ outcome. The ACLU wants to change that.
In Travis County, the magistration process—the initial bail hearing after someone is arrested—isn’t cinematic. Arrestees are either led to a small room within the jail’s central booking area, or a Travis County Sheriff’s Office employee might bring a computer to their holding cell.
In a bid to change this status quo, the Texas ACLU sued Travis County last week, alleging the county’s practices during magistration are unconstitutional. , filed alongside the international law firm Weil, Gotshal & Manges LLP, stems from the fact that, in Travis County, arrestees who can’t afford private attorneys are sent before magistrate judges without first speaking to a court-appointed lawyer.
If an arrestee can pay the bail amount set by a judge, they’ll be released from jail. If they show up to the required court appearances, they’ll get that money back. In other cases, people can employ the services of a bail bonds firm, which requires a non-refundable fee—usually 10 percent of the total bail. The bondspeople will then post the remaining amount to the court with the promise that their client will show up.
The setup itself was cumbersome, often with cameras set up outside the cell and pointed through meal tray slots. But there’s a reason that Hernandez, a Democrat, felt the need to correct the record on the issue. Two years ago, Travis County had attempted and failed, through a pilot program with support from Texas A&M, to guarantee attorneys at magistration for arrestees who couldn’t pay. Officials pulled the plug after just nine days.
In Travis County, Hernandez has advocated for virtual magistration—having lawyers in a video window during the hearings. Defense lawyers and advocates have largely shot this idea down, but Hernandez told theshe still supports virtual CAFA, especially after the county invested in updating the jail facility by adding wifi, among other things.
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