In Texas, arrestees may request appointed counsel at their first appearance, after which the magistrate must transmit, or cause to be transmitted, the necessary forms to the counsel-appointment program. Within 24 hours. Man: A magistrate found that I qualified for counsel, but the paperwork wasn't forwarded for several weeks, and my initial lawyer was rubbish and never met with me, so I was stuck in jail for 252 days until the state finally dropped the case against me. I was never even charged! Fifth Circuit: The jail administrator enjoys qualified immunity for the (seemingly widespread) failure to forward the counsel-appointment forms to the folks who could, y'know, appoint counsel.
The case is Rivera Castelan v. Taylor, 25-50714 (5th Cir. Aug. 6, 2026).
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