Day One in Court: Farella v. Anglin

Arkansas is one of 26 states that mandates counsel at first appearance. However, in several Arkansas counties, the state fails to abide by its own rule and arrested people must face a judge alone, without legal representation.

At first appearance in Arkansas, a judge must consider many factors in determining whether and under what conditions an arrested person can be released from custody. Without a lawyer to assist them, many arrested people cannot effectively argue for their release. Those who remain in jail often wait months to meet their lawyer. This delay has devastating consequences. People lose their jobs, their homes, and sometimes even the custody of their children.

Lawyers in Benton County filed Farella v. Anglin, a class action suit alleging that Arkansas’s failure to provide counsel at first appearance violates both Arkansas law and the U.S. Constitution. In August 2024, the United States District Court granted a permanent injunction requiring a local judge to appoint public defenders to represent arrested people at initial appearance in Benton County. The judge appealed to the Eighth Circuit Court of Appeals.

The Deason Center worked with Arkansas counsel to identify organizations that would support the plaintiffs in the appeal. The Deason Center wrote an amicus curiae brief addressing the historic origins of the right to counsel. Other amicus briefs were filed by:

• The American Civil Liberties Union – addressing the appropriate standard for determining when a proceeding is a critical stage.; and
• Four national organizations with expertise in indigent defense (the National Association of Criminal Defense Lawyers, the National Legal Aid and Defender Association, the National Association of Public Defenders, and the New York University School of Law Center on Race, Inequality, and the Law) – addressing the role and importance of defense counsel at initial appearance.

The Quattrone Center for the Administration of Justice also submitted a brief, in support of neither party, summarizing the social science research on the impacts of counsel at initial appearance.

The Eighth Circuit Court of Appeals will hear arguments in this case in January 2026. The Deason Center filed a motion requesting to participate in the argument. But the case has already had important effects. In Benton County, the judge now appoints defense counsel for first appearance, and, as a result of the evidence they can marshal in support of release, lawyers report that conditions set are more reasonable and individualized.

The District Court decision also spurred North Dakota, another state in the Eighth Circuit, to take action. During the last legislative session, the state passed a new law (SB 2226) to ensure those arrested have counsel at first appearance. The law goes into effect on January 1, 2026.

For more information:

Ending Arkansas’ First Appearance Crisis

Decision, Farella v. Anglin, No. 22-CV-05121 (W.D. Ark. Aug. 21, 2024)

Deason Criminal Justice Reform Center celebrates North Dakota law expanding counsel at initial appearance, April 30, 2025