Tag Archives: bail

A lawsuit against bail reform

Posted on February 17, 2019 by Charles Kuffner

That would be a No from me. A Harris County judge has sided with lawyers for the Harris County Sheriff’s Office and a slate of new Democratic judges vying to loosen misdemeanor bail rules this weekend, rather than grant a … Continue reading →

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Trying again for bail reform at the Lege

Posted on February 7, 2019 by Charles Kuffner

A very worthwhile pursuit. State Sen. John Whitmire, D-Houston, and state Rep. Andrew Murr, R-Junction, announced Monday at the Capitol that they have again filed legislation that would implement a risk-assessment tool for judges to use when making bail decisions, … Continue reading →

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Bail reform settlement looks to be a go

Posted on February 4, 2019 by Charles Kuffner

Excellent news. Chief U.S. District Court Judge Lee H. Rosenthal on Friday offered initial support for new bail rules proposed by Harris County, signaling the three-year lawsuit challenging the county’s cash bond system soon may reach its conclusion. The settlement … Continue reading →

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Joint processing center opens

Posted on February 1, 2019 by Charles Kuffner

This was a long time coming, but it should be worth the wait. More than a decade after city voters approved a bond measure to fund it, Houston and Harris County opened a joint inmate processing center Thursday that officials … Continue reading →

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Bail lawsuit 2.0

Posted on January 24, 2019 by Charles Kuffner

This one will be tougher to tackle, but the principle remains the same. A hard-fought battle to reform Harris County’s bail system has prompted a second civil rights action. The legal team that successfully challenged the county’s bail practices for … Continue reading →

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Bail lawsuit continues in Galveston County

Posted on January 19, 2019 by Charles Kuffner

Good. A lawsuit alleging that Galveston County’s cash bail system favors wealthier defendants will continue after a recent ruling by a U.S. district court judge. On Jan. 10, Judge George Hanks Jr. upheld Magistrate Judge Andrew Edison’s denial of the … Continue reading →

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We really are about to do away with the old cash bail system

Posted on January 18, 2019 by Charles Kuffner

I have four things to say about this. The new slate of Democratic judges has approved a drastic revision to Harris County’s bail system that could serve as a model for a settlement in the historic lawsuit in which a … Continue reading →

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Appeal of bail injunction dropped

Posted on January 8, 2019 by Charles Kuffner

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 … Continue reading →

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Lina Hidalgo officially sworn in

Posted on January 3, 2019 by Charles Kuffner

It’s Judge Hidalgo now, thank you very much. Ushering in a new era of Democratic rule, Lina Hidalgo took the oath of office as Harris County judge early Tuesday, becoming the first Latina and first woman to lead the nation’s … Continue reading →

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There better be a bail lawsuit settlement

Posted on November 15, 2018 by Charles Kuffner

I mean, duh. The Democratic sweep of Harris County leadership posts in the midterm election could prompt a settlement in the protracted legal dispute over how judges handle bail for poor people arrested for petty offenses, according to statements made … Continue reading →

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Initial reactions: Harris County

Posted on November 9, 2018 by Charles Kuffner

Let’s start with the obvious. Harris County Democrats rode a surge in voter turnout to a decisive victory on Tuesday, unseating several countywide Republican officials, including longtime County Judge Ed Emmett, and sweeping all 59 judicial races. Emmett, who courted … Continue reading →

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Endorsement watch: Incumbency is no advantage, part 2

Posted on October 20, 2018 by Charles Kuffner

The Chron lays down a marker on the county criminal courts. Each election cycle we determine our judicial endorsements by interviewing the candidates, researching their backgrounds, consulting with experts and coming to a conclusion about who best would be able … Continue reading →

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Dallas County gets the Harris County treatment in its bail lawsuit

Posted on September 25, 2018 by Charles Kuffner

We have a precedent, even if everything is still a work in progress. Taking a cue from the rulings on Harris County’s bail-setting practices, a U.S. district judge in Dallas issued a temporary order Thursday evening saying the county’s post-arrest … Continue reading →

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You know, there is a cheaper way to do this

Posted on September 15, 2018 by Charles Kuffner

Why are we still outsourcing inmates? County commissioners next week will consider a proposal to outsource inmates to the Fort Bend County Jail, which would allow Harris County Sheriff Ed Gonzalez to slow — but not stop — the flow … Continue reading →

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The city has its own bail lawsuit

Posted on September 7, 2018 by Charles Kuffner

It’s not going well. Houston city officials intentionally destroyed evidence, wiping crucial data from the computer drives of top police commanders that is potentially relevant to a lawsuit about the detention of suspects beyond the 48-hour deadline for a magistrate … Continue reading →

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Partial halt to bail lawsuit order

Posted on August 18, 2018 by Charles Kuffner

Here comes the Fifth Circuit again. A majority opinion by Circuit Judge Jerry E. Smith halted part of an order by Chief U.S. District Judge Lee H. Rosenthal which compelled certain defendants to be released immediately on no-cost bail in … Continue reading →

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Bail practices lawsuit hearing

Posted on August 9, 2018 by Charles Kuffner

We so need to be done with this. More than a dozen Harris County misdemeanor judges contend that public safety would be imperiled if they followed an “untenable” new pretrial release order by a Houston federal judge who has found … Continue reading →

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Revised final bail order

Posted on July 2, 2018 by Charles Kuffner

We go from here. The federal judge in a landmark bail lawsuit against Harris County set new ground rules for law enforcement and judges about pretrial release for thousands of low-income people arrested on low-level offenses in a revised injunction … Continue reading →

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Paxton wants magistrates’ lawsuit tossed

Posted on June 20, 2018 by Charles Kuffner

We all want things, Kenny. The state attorney general Monday asked a judge to dismiss a lawsuit by three Harris County hearing officers who are fighting sanctions by Texas’ judicial ethics commission earlier this year over unfair bail practices. Texas … Continue reading →

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Once more with the bail order for Harris County

Posted on June 18, 2018 by Charles Kuffner

Getting close to the end. The federal judge presiding over the landmark bail lawsuit against Harris County said she planned to issue revised instructions within two weeks for how pretrial release should operate for thousands of poor people arrested on … Continue reading →

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Final instructions in bail practices lawsuit

Posted on June 4, 2018 by Charles Kuffner

We may finally be nearing a conclusion in this matter. A year after a landmark ruling that upended Harris County’s bail system, a federal appeals court Friday issued final instructions for a Houston judge to craft a revised plan for … Continue reading →

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Harris County hearing officers sue to overturn their conduct sanction

Posted on May 29, 2018 by Charles Kuffner

An interesting twist. Three Harris County hearing officers have sued the State Commission on Judicial Conduct in an attempt to overturn their discipline for denying personal recognizance bonds to misdemeanor defendants, contending that the agency overstepped its authority by interpreting … Continue reading →

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ACLU sues Galveston County over bail practices

Posted on April 10, 2018 by Charles Kuffner

From the inbox: The ACLU of Texas, the ACLU and Arnold & Porter filed a federal class-action lawsuit today against Galveston County, Texas, for violating the constitutional rights of people arrested for misdemeanors and felonies. The lawsuit was brought against … Continue reading →

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ACLU goes after Judge McSpadden

Posted on March 1, 2018 by Charles Kuffner

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 … Continue reading →

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More judges caught up in the bail scandal

Posted on February 25, 2018 by Charles Kuffner

More judges to vote out. For more than a decade, most of Harris County’s felony court judges directed magistrates to deny no-cash bail to all newly arrested defendants, in apparent violation of state judicial conduct rules, according to internal documents … Continue reading →

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Fifth Circuit largely upholds bail practices ruling

Posted on February 16, 2018 by Charles Kuffner

Good. The 26-page opinion by Judge Edith Brown Clement affirms the majority of Chief U.S. District Judge Lee H. Rosenthal’s landmark ruling, including her finding that the county’s bail policies violated the due process and equal protection clauses of the … Continue reading →

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One more judge for bail reform

Posted on January 31, 2018 by Charles Kuffner

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 … Continue reading →

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Lawsuit filed over Dallas County bail practices

Posted on January 23, 2018 by Charles Kuffner

Bring it on, I say. On the heels of a federal ruling slamming Harris County for its bail practices, civil rights lawyers have now set their sights on a county with a similar system: Dallas. Six indigent misdemeanor and felony … Continue reading →

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More pre-trial diversion

Posted on October 22, 2017 by Charles Kuffner

DA Kim Ogg moves forward on more campaign promises. During a press conference Tuesday, Ogg laid out in broad strokes the policy recommendations written by the committees and emphasized that she is seeking participation from experts and Houston’s leaders. “We … Continue reading →

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More on the courthouse shuffle

Posted on October 10, 2017 by Charles Kuffner

The Trib takes a look at how things are going at the flooded-out Harris County Criminal Justice Center. Since Harvey hit Harris County in late August, one of the busiest criminal court systems in the country has suspended all jury … Continue reading →

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Fifth Circuit hears bail lawsuit arguments

Posted on October 4, 2017 by Charles Kuffner

Big day in court. Amid a stream of pointed questions from the bench, lawyers for Harris County Tuesday asked panel of the 5th U.S. Circuit Court of Appeals to toss a lower court ruling that the county’s criminal justice system … Continue reading →

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Fifth Circuit sets bail hearing

Posted on August 3, 2017 by Charles Kuffner

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. … Continue reading →

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The Observer talks to Kim Ogg

Posted on July 31, 2017 by Charles Kuffner

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 … Continue reading →

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New county risk assessment system coming

Posted on July 29, 2017 by Charles Kuffner

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 … Continue reading →

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