Counsel at First Appearance: An Object Lesson in Policy Implementation

Ensuring counsel strengthens both public safety and fairness of the system.

Your first appearance before a judge is often when decisions are made about bail and detention that can profoundly impact the outcome of your case. Yet in much of the country, there is no requirement you be represented by a lawyer.

The evidence for ensuring counsel at first appearance is clear: it strengthens both public safety and the fairness of the system.

This policy brief approaches the ongoing efforts to secure early counsel as a challenge of implementation. That is, even with positive research findings and ample political will, why do some attempts to change practices fail to fully materialize?

The brief offers practical advice on ensuring the push for counsel at first appearance is transformed into change on the ground.