Adam Clarke on Acts 25:12

Conferred with the council - From this circumstance, we may learn that the appeal of Paul to Caesar was conditional; else Festus could not have deliberated with his council whether it should be granted; for he had no power to refuse to admit such an appeal. We may, therefore, understand Paul thus: "I now stand before a tribunal where I ought to be judged; if thou refuse to hear and try this cause, rather than go to Jerusalem, I appeal to Caesar." Festus, therefore, consulted with the council, whether he should proceed to try the cause, or send Paul to Rome; and it appears that the majority were of opinion that he should be sent to Caesar.