Off the Kuff Rotating Header Image

Mike Fields

Appeal of bail injunction dropped

Elections have consequences, and thank goodness for it.

Less than a week after the new jurists were sworn into office, Harris County’s misdemeanor judges on Monday withdrew their appeal in the landmark lawsuit over local bail practices that a federal judge said unfairly targeted poor people accused of crimes.

The historic litigation began in 2016, when attorneys and civil rights groups sued the county on behalf of defendants jailed for days because they couldn’t afford bond on low-level offenses. Though Chief U.S. District Judge Lee H. Rosenthal said the practice was unconstitutional and amounted to wealth-based detention, so far the county has spent more than $9 million in legal fees to fight the case, according to Harris County Precinct 1 Commissioner Rodney Ellis.

But many saw the Democratic wave in November’s elections as a sign of change ahead – and Monday’s court filings look to be one of the first indicators of that shift.

“It’s going to be a new day,” Neal Manne, attorney for the plaintiffs, said in November just after the ballot-box sweep. And now, according to Judge Darrell Jordan – the one misdemeanor judge who did not lose his bench in the last election – the parties have already begun hashing out a settlement they hope to have in place in the next few weeks.

“Our goal is have this accomplished by February 1, 2019,” Jordan told the Houston Chronicle.

One of a series of documents filed in recent days, the two-page motion simply lists the names of the new judges – who automatically replaced their predecessors as defendants in the suit – and asks that the case be dismissed. The court granted the motion and dismissed the appeal by mid-day.

[…]

Mike Fields, the one outgoing judge who supported the lawsuit, lauded the move as a “great first step” toward reform.

“Quite frankly, it’s overdue,” he said. “I remain convinced that fighting against bail reform was a mistake and, I believe, part and parcel of why the citizens of Harris County voted for such a sweeping change in our political landscape. Hopefully, this issue will, finally, be put to bed and taxpayer money better spent going forward.”

[…]

Meanwhile, the Harris County Attorney’s Office issued a statement expressing confidence in the possibility of a settlement.

“The County Attorney’s Office supports the newly-elected judges in their effort to resolve this case on terms they find acceptable,” County Attorney Vince Ryan said in a statement. “This is a case about judicial discretion.”

The next hearing, in Rosenthal’s court, is slated for Feb. 1.

Out-fricking-standing. The new judges are now represented by a pro bono attorney, instead of the high-priced guy that had been arguing the case in court. What this means is that the injunction will remain in place while the settlement is hashed out, with no further briefs or arguments or whatever else before the Fifth Circuit. (The last update I had on this was from August; I don’t think there was any other business on the agenda, but if there was it’s now moot.) Perhaps once we get this settlement in place we can stop outsourcing inmates once and for all. Now we need the city of Houston to get its act together and follow the county’s lead. Bottom line is that this, as much as anything, is what I wanted from the 2018 election. Well done, y’all.

ACLU goes after Judge McSpadden

As well they should.

The ACLU of Texas is asking Harris County’s longest serving felony court judge to resign after making a statement to the Houston Chronicle on his views about black men’s attitudes toward the criminal justice system.

The civil rights group also is asking that the judge be automatically recused from cases involving African-American defendants until an investigation into potential racial bias occurs, according to a news release Tuesday.

[…]

“If there remained any doubt that the deck is stacked against people of color in our criminal justice system, Michael McSpadden just dispelled it,” said Terri Burke, executive director of the ACLU of Texas. “When a sitting judge feels comfortable enough to admit openly and on the record that he uses bail orders to jail black defendants on the assumption they can’t be trusted, it’s time to take action. This kind of flagrant racism has no place in our justice system.”

She said, “The Texas Commission on Judicial Conduct needs to take the first step toward rooting it out, and Judge McSpadden should voluntarily step down.”

McSpadden could not be immediately respond to a request for comment Tuesday. His court staff said he was on the bench hearing cases.

The civil rights organization said McSpadden’s comments violate the Texas Code of Judicial Conduct and could merit removal from office.

“Judge McSpadden’s remarks are inexcusable, but not at all surprising for those of us who know the justice system well,” said former death row inmate Anthony Graves, who runs a criminal justice initiative for the ACLU of Texas.

See here for the background. Perhaps there’s some context Judge McSpadden can add to his comments, or perhaps he could just admit that was a dumb and offensive thing to say and offer an apology for it. People may or may not accept either action, but at least it would be something. In the absence of any such followup, one is left to conclude that he has nothing further to say on the matter. Whatever one may have thought of Judge McSpadden before now, that’s not a good look. And as a reminder, Judge McSpadden is up for election this fall. For all the griping some people do about partisan judicial elections, they do at least give the voters the chance to correct errors on the bench.

On a side note, two of Judge McSpadden’s colleagues on the misdemeanor courts are again urging the county to settle the bail lawsuit.

“The most conservative appellate court in this country, strict constitutional conservatives, have said that this practice that we are doing is unconstitutional,” said Judge Darrell Jordan, one of the defendants in the lawsuit.

Jordan told County Judge Ed Emmett and county commissioners that fighting the suit had already cost Harris County $6 million in legal fees. “I’m asking that you all cut this last check, fire these $6 million lawyers, let the County Attorney’s office come, and we all sit down and work out a settlement.”

Jordan’s co-defendant, Judge Mike Fields, urged Emmett and the commissioners to “use every tool in your arsenal to help us settle this lawsuit.” Fields added, “Our county needs to settle this for financial reasons, and our public needs it settled for reasons of good governance and confidence in the criminal justice system.”

Judge Emmett said he’s willing to settle on the basis of the 5th Circuit’s ruling, but said plaintiffs haven’t responded to offers to talk.

Judge Jordan, the lone Democrat on these benches, and Judge Fields have been the lone voices from those courts for sanity. Unfortunately, their colleagues remain uninterested in such matters as the cost of the litigation and the fact that they’ve lost at every step and looked bad in doing so. And they’re all up for election this November. See my comments above on that.

One more judge for bail reform

Once again, credit where credit is due.

A long-serving Harris County Republican judge has broken with 14 Republican colleagues, withdrawing from the county’s appeal in a landmark federal lawsuit challenging its bail system for discriminating against poor, low-level offenders.

Criminal Court-at-Law Judge Mike Fields, who has presided in misdemeanor court since 1999, had a dramatic change of heart this week at a federal court hearing on the bail case, and he now wants the county to put its limited resources into settling the matter.

“If we just talk to one another, if we can just get in the room and talk, maybe we can resolve this issue,” said Fields, 52. “It’s costly on both sides — it costs in terms of human lives and it costs in terms of taxpayer dollars.”

The county has spent more than $5 million defending itself, and has appealed an April 28 ruling by Chief U.S. District Judge Lee H. Rosenthal that the county bail practices violated the Constitution by setting up a “wealth-based” detention system. The county retained a top-dollar D.C. appellate firm to handle its appeal to the 5th U.S. Circuit Court of Appeals.

Fields said when he saw — during his first visit to the federal courthouse on Tuesday — how many lawyers the county had hired and how many county officials’ time was tied up with the lawsuit, he estimated the two hours for all those people amounted to $60,000.

“Two hours in a courtroom costs more than what the average citizen makes all year. Sixteen judges sitting in a courtroom (together), not doing the work of the people, think about the enormous expense of that,” Fields said.

He added: “We’re fighting about how many people get to stay in jail. I don’t see how anyone can sit in that room and not think maybe we should try another tack.”

Judge Fields had previously expressed concerns about the cost of the lawsuit, so this would be the natural next step. It won’t change anything – the appeal will go on, as all of Fields’ Republican colleagues want it to – but it is the right thing to do. He says he was convinced by Judge Rosenthal’s ruling in the case. Whatever his reason, I applaud his action. May others follow his lead.

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, opted out of the appeal prepared by Cooper & Kirk, whose top lawyer, Charles “Chuck” Cooper, bills $550-per-hour, and who was just retained as private counsel for Attorney General Jeff Sessions.

Fields said in an interview Wednesday he still supports the appeal, but going forward he prefers to use the Harris County Attorney’s Office as his legal representative. He doesn’t want the county to spend more money on his behalf. He said he couldn’t imagine how much higher the bills will go.

“I hate to even speculate,” he said. “I know the average Harris County taxpayer makes $20 an hour — $550 an hour is a huge jump from there.”

[…]

The suit already cost Harris County about $3.5 million, and Fields, 52, said he cannot justify spending more money for the appeal, especially after the district, circuit and U.S. Supreme Court all denied the county’s request for stay of Rosenthal’s order. He said he supports the idea of a settlement, and several of his colleagues do as well.

I’m glad that the continuation of this lawsuit and the extreme price tag of this particular attorney has made Judge Fields uncomfortable. It should make him uncomfortable, and one wonders why it hasn’t made his Republican colleagues equally uncomfortable. Those colleagues of his who say they join him in supporting a settlement, they should come forward and make themselves known. At this point, it seems clear that the only way to end this lawsuit without dragging it out till the bitter end and handing a very large amount of taxpayer dollars to a fancy appellate attorney is for these judges to say “enough is enough”. Judge Fields is the first of sixteen Republican misdemeanor court judges to express that view. One down, fifteen to go.