This kind of came out of the blue.
Kim Ogg
Harris County District Attorney Kim Ogg — who has been aligned with bail reformers during an ongoing legal conflict over the disparate treatment of poor defendants — filed a brief Thursday opposing portions of the consent decree governing the misdemeanor bail system, prompting fellow Democrats on the bench to question why Ogg is raising her concerns at the eleventh hour.
Ogg’s amicus brief landed on the docket this week amid a flurry of eight or nine pleadings and letters from individuals and groups opposing the bail agreement, including briefs by Republican Commissioners Steve Radack and Jack Cagle, who both voted against the settlement and have opposed what they consider “bells and whistles” the parties added which they say extend beyond the scope of the lawsuit.
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The district attorney said in her court filing that the bail deal disproportionately favors the convenience of defendants over the needs of victims, witnesses and other stakeholders.
Ogg also expressed concern that the settlement removes the role of the prosecutor in getting defendants to show up for court and sets sanctions for noncompliance with the new bail process without providing clarity about what’s expected from prosecutors.
“It is fundamentally unfair to expose the District Attorney and her employees to federal sanctions for noncompliance with the proposed settlement absent appropriate clarity on her rights and responsibilities under the Proposed Settlement,” it says.
In addition, the DA objected to the “unfettered and unreviewable discretion” allowed to judges to delay or “outright excuse” defendants from appearing in court, which Ogg says violates Texas law.
Judge Darrell Jordan, the presiding jurist on the County Courts at Law, said he and his fellow judges welcome all criticism, but he said Ogg had ample opportunity to give this input while the settlement was being hammered out.
Jordan said Ogg’s office played an essential role in developing rule 9.1, which allows about 85 percent of defendants to be released on no-cash bond.
“Her former First Assistant Tom Berg was a great asset during the entire process,” Jordan said. “Once he left the office Kim Ogg was a ghost.”
“She has not attended any meetings or sent a representative since Mr. Berg’s departure. I have called, texted and emailed the District Attorney and she does not respond,” Jordan continued. “Government cannot function the way it should when there is no communication.”
Jordan said the judges have set an emergency meeting for the misdemeanor judges to review Ogg’s brief “line-by line” and “address all concerns raised by the District Attorney.”
You can read her filing here. I skimmed through it and it seemed more superficial than substantive, but I Am Not A Lawyer so take that for what it’s worth. Alec Karakatsanis, who is a lawyer and in fact represented the plaintiffs, is quoted in the story saying these are “some minor objections that are not significant issues”, so take that for much more than what my comments are worth. They have until Sunday to respond to this and any other brief. Judge Rosenthal will get the final say, presumably some time in September. Grits for Breakfast has more.