From Policy to Practice: Observations From an RCT Field Operation to Guide Implementing Counsel at First Appearance

We offer a practical roadmap for implementing Counsel at First Appearance (CAFA) in the United States using evidence from Texas. CAFA consists of early access to legal representation for individuals facing bail adjudications after arrest, a stage of the case in which defendants do not enjoy a federal constitutional right to counsel. Drawing on randomized studies conducted in Texas and observations from jurisdictions that adopted CAFA, the paper outlines a step-by-step approach to implementation. It identifies stakeholders, including judges, public defenders, prosecutors, court administrators, and policymakers-and emphasizes the importance of early coordination and shared objectives. Alongside procedural guidance, the paper presents a set of questions for jurisdictions to consider during planning and rollout. By providing actionable strategies, the paper serves as a resource for jurisdictions and policymakers aiming to enhance fairness and efficiency through CAFA.