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Posts Tagged ‘bail’

Fifth Circuit sets bail hearing

Mark your calendars. Harris County will have another chance to defend its embattled cash bail system this fall in a lawsuit brought by indigent defendants who languished in jail for days because they couldn’t afford money bail. The Fifth U.S. Circuit Court of Appeals announced Tuesday it has set oral arguments for the week of […]

The Observer talks to Kim Ogg

A good read: You decriminalized the possession of small amounts of marijuana. Jeff Sessions has signaled that he seeks to ramp up the war on drugs. What power does the federal government hold over your policy decisions? I enjoy total discretion under Texas law as to who I charge and with what crime. The federal […]

New county risk assessment system coming

We’ve been waiting. Harris County officials on Tuesday touted their revamped strategy for deciding whether tens-of-thousands of individuals should be jailed before their criminal trials, a process that critics and a federal judge say disproportionately affects the poor who are unable to come up with the money to make bail. On July 29, the county […]

Still a few bugs in the system

A continuing story. While Harris County officials are complaining that a federal judge’s bail order threatens public safety, the county has failed to provide more than 100 low-level defendants with pretrial services aimed at ensuring they make their court dates. The latest revelations come amid criticism from District Attorney Kim Ogg, who accused county officials […]

County’s new bail system not quite ready

Real soon now. Harris County’s long-trumpeted new system for setting bail for people awaiting trial will be up and running by the end of July, nearly a month later than the July 1 effective date the county had promised a federal judge, officials said Monday. The new approach won a green light late Friday from […]

State to help defend county bail policies

Of course it will. Texas Attorney General Ken Paxton and the top lawyers in five other states are backing Harris County in its protracted battle over money bail for poor low-level defendants, as the tally of those released on no-cash bail nears 1,000. Paxton and the lead attorneys in Arizona, Hawaii, Kansas, Louisiana and Nebraska […]

Ellis shakes things up

Good. It’s what he should be doing. When former state Sen. Rodney Ellis launched his campaign to succeed the late El Franco Lee as Precinct 1 commissioner last year, he said he would shake up Harris County government. He’s kept his promise. Not even three months into his tenure, Ellis filed court papers siding against […]

One Republican judge doesn’t want that high-priced attorney for the bail lawsuit appeal

Credit where credit is due. One of 15 Harris County judges challenging a federal order altering how bail works for indigent defendants has dropped out of the group that hired a pricey D.C. law firm to appeal the lawsuit. Court at Law Judge Mike Fields, a Republican who has been on the bench since 1998, […]

There is always some risk

I get the concern, but the alternative was unacceptable and now is illegal. Get used to it. More than 600 people charged with misdemeanors have been released since June 7 when the U.S. Supreme Court rejected an emergency motion by the county to block [federal judge Lee Rosenthal’s] order, according to estimates provided to the […]

SCOTUS will not hear Harris County bail appeal

Let this please be the end of the line. U.S. Supreme Court Justice Clarence Thomas has denied Harris County’s request to stop the release of misdemeanor inmates who can’t afford to post cash bail. The county had appealed late Tuesday to halt Chief U.S. District Judge Lee H. Rosenthal’s directive that it begin releasing some […]

Fifth Circuit reinstates bail order

Good. Harris County took the fight over its controversial bail system to the U.S. Supreme Court on Tuesday, even as county officials scrambled to plan the imminent release of dozens of misdemeanor defendants held behind bars who cannot afford to post cash bail. A federal appeals court ruling earlier Tuesday had greenlighted the release of […]

Judge Jordan deserves to have his position in the bail lawsuit represented

I have problems with this. The only Harris County judge to fight the county’s defense of its controversial bail system has been notified he will not get his own lawyer to appeal the high-profile federal lawsuit that has divided county leaders. Judge Darrell Jordan – one of 16 criminal court at law judges sued over […]

Harris County bail order halted

Very late in the day on Friday. A federal appeals court granted Harris County a last-minute reprieve Friday in a contentious civil rights lawsuit, calling a temporary halt to a judge’s order that would have altered the way cash bail is handled for hundreds of people jailed on misdemeanor charges. In an order posted after […]

Harris County will continue to fight bail lawsuit

Stupid. Stupid, stupid, stupid. Harris County has appealed a federal civil rights lawsuit that challenged the county’s bail system, despite rising legal costs that have neared $3 million. After a heated discussion and a closed-door meeting Tuesday, Harris County Commissioners Court voted 4-1 to appeal the suit and to ask for a delay to a […]

“What are we fighting for?”

That’s the key question for the county in the bail lawsuit. As legal costs mount, surpassing $200,000 per month, pressure is building for Harris County officials to settle a lawsuit over the county’s cash bail system that a federal judge has ruled unconstitutional. Newly available documents reveal that teams of defense lawyers are racking up […]

Senate approves bail reform bill

Good. After weeks of politically touchy negotiations capped by a shove from a Houston federal judge, the Texas Senate on Thursday approved significant changes in the state’s bail bond system designed to keep low-level offenders from sitting in jail because they cannot afford to pay cash bail. While the reforms had once been touted as […]

Why won’t the county settle the damn bail lawsuit?

Lisa Falkenberg asks the same question I’ve been asking. Now that Chief U.S. District Judge Lee Rosenthal – it should be noted, a Republican appointee — levelled her devastating assessment of Harris County’s rigid bail system a few days ago, ordering county officials to cease practices that violate misdemeanor defendants’ rights to due process and […]

County considers its bail options

I can think of one, if they need some help. With just two weeks until the 193-page order from Chief U.S. District Judge Lee H. Rosenthal kicks in May 15, county officials are working to draft a plan to deal with the hundreds of misdemeanor offenders now behind bars and the new cases filed each […]

Harris County bail system ruled unconstitutional

Damn right. A federal judge in Houston Friday issued a scathing denouncement of Harris County’s cash bail system, saying it is fundamentally unfair to detain indigent people arrested for low-level offenses simply because they can’t afford to pay bail. In a 193-page ruling released Friday, Chief U.S. District Judge Lee H. Rosenthal ordered the county […]

Settle the damn bail lawsuit already

Enough. Harris County commissioners Tuesday voted to add high-profile, conservative litigator Charles Cooper to a growing team of attorneys defending the county and several public officials against a civil rights lawsuit alleging the county’s bail system unconstitutionally jails the poor. Cooper, a former clerk for U.S. Supreme Court Justice William Rehnquist and friend of U.S. […]

Bail bondsmen complain about bail reform bill

I understand their concerns, but that doesn’t mean I agree with them. Legislation touted as a fix-all to reform Texas’ controversial jail-release system was blasted Tuesday by bail bondsmen and attorneys who said it would destroy the bail-bond industry and leave taxpayers footing a multimillion-dollar tab. “The whole industry will be out of business” if […]

Commissioners get testy over bail practices lawsuit

Let’s hash it all out. Tensions flared at Harris County Commissioners Court Tuesday after new Commissioner Rodney Ellis filed legal papers supporting civil rights groups in their high-profile federal lawsuit against the county and its bail system. In a rare public argument before dozens of onlookers at the meeting Tuesday, Ellis’ colleagues — all Republicans […]

Bail practices lawsuit wraps up

It’s up to the judge now. The call by two civil rights groups for an immediate fix to Harris County’s bail system is now in the hands of a federal judge after high-stakes arguments over whether poor people should remain in jail on misdemeanor offenses because they can’t afford to post bail. Key criminal justice […]

County will use public defenders at bail hearings

Good. Harris County commissioners on Tuesday approved a pilot program to make public defenders available at bail hearings, a step aimed at retooling a criminal justice system that has increasingly drawn criticism for jailing thousands of poor, low-risk offenders. Within months, county officials anticipate that two public defenders will be present at bail hearings for […]

Bail reform bills

Glad to see this. An unusual bipartisan coalition of lawmakers and judges has teamed up to back broad reforms in Texas that could eliminate cash bail for nonviolent offenders who are not deemed dangerous or a flight risk. Bills introduced simultaneously in the House and the Senate this week by Sen. John Whitmire, D-Houston and […]

Sheriff Gonzalez testifies in bail practices trial

He says on the stand what he has been saying elsewhere. Harris County Sheriff Ed Gonzalez took the witness stand for an hour Wednesday afternoon in a closely watched federal civil rights case that is challenging whether it is constitutional to impose monetary bail on people arrested for minor offenses if they cannot afford to […]

Bail practices lawsuit gets going

The first day in court for this lawsuit was Monday. Neal S. Manne, a managing partner at Susman Godfrey, told Chief U.S. District Judge Lee H. Rosenthal in his opening statement Monday that ODonnell and hundreds of other poor people charged with minor crimes do not get a fair chance to win pretrial release here […]

County approves defense attorneys for bail hearings

Long overdue. Harris County commissioners voted unanimously Tuesday to develop a pilot program that would make public defenders present at bail hearings, a move aimed at reducing what officials say is the unnecessary jailing of thousands of defendants because they can’t afford bail or are unfamiliar with the legal process. The pilot could lead to […]

Ogg sides with bail reformers

As well she should. District Attorney Kim Ogg on Friday filed a brief supporting bail reform in the lawsuit brought against Harris County’s misdemeanor judges to change the bail system. The civil rights lawsuit, filed in federal court, is expected to begin a three-day hearing on Monday about whether the judge should issue an injunction. […]

The Sandra Bland Act

Good. State Rep. Garnet Coleman, D-Houston, on Thursday filed House Bill 2702, dubbed the Sandra Bland Act. The exhaustive piece of legislation would expand what qualifies as racial and ethnic profiling; mandate people experiencing a mental health crisis and substance abuse be diverted to treatment over jail; and create more training and reporting requirements for […]

Harris County really needs to settle that bail practices lawsuit

Enough already. Two Houston-based lawmakers called on Harris County Attorney Vince Ryan Friday to dismiss an attorney hired to represent county judges in a federal civil rights lawsuit, after that attorney claimed in a hearing that many people jailed in Harris County were there by choice – not because they could not afford to post […]

Chron favors a jail administrator

I remain unconvinced. Next month, we’ll have a new sheriff in town. Ed Gonzalez will take command of the largest sheriff’s office in Texas, the third-largest in the nation, with more than 4,600 employees responsible for serving and protecting the estimated 4.5 million people who call Harris County home. It would be nice if our […]

Yet another lawsuit filed against Harris County criminal justice

Lawsuit number three. Harris County has been sued in federal court for the third time in less than a year for yet another issue related to the county’s tough arrest and pretrial detention practices. This time, civil rights advocates allege that county officials routinely charge and jail thousands of people each month without a warrant […]

Motion to dismiss county bail practices lawsuit denied

Onward. In a sweeping 78-page opinion issued late last week, a federal judge has denied Harris County’s motion to dismiss the lawsuit that accuses it of operating an unconstitutional bail system. District Judge Lee H. Rosenthal dismissed the sheriff and county judges from the lawsuit in their personal, but not official, capacities; and the five […]