Tag Archives: Equal Justice Under Law

An overview on bail reform

Posted on March 24, 2019 by Charles Kuffner

From Mother Jones, a look at how bail reform is progressing in Harris County. I’m going to focus on the part about the second bail-related lawsuit, which covers felony arrests. A federal judge in Harris County is currently considering a … 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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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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Lawsuit filed over Driver Responsibility Program

Posted on December 7, 2018 by Charles Kuffner

This ought to be interesting. A national civil rights organization on Wednesday sued Gov. Greg Abbott and four top officials at the Texas Department of Public Safety, arguing that the state’s Driver Responsibility Program traps many of Texas’ most vulnerable … 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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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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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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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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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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State to help defend county bail policies

Posted on June 29, 2017 by Charles Kuffner

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 … Continue reading →

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There is always some risk

Posted on June 15, 2017 by Charles Kuffner

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 … Continue reading →

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SCOTUS will not hear Harris County bail appeal

Posted on June 9, 2017 by Charles Kuffner

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 … Continue reading →

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Fifth Circuit reinstates bail order

Posted on June 7, 2017 by Charles Kuffner

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 … Continue reading →

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Harris County bail order halted

Posted on May 14, 2017 by Charles Kuffner

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 … Continue reading →

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Harris County will continue to fight bail lawsuit

Posted on May 10, 2017 by Charles Kuffner

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 … Continue reading →

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“What are we fighting for?”

Posted on May 8, 2017 by Charles Kuffner

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 … Continue reading →

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

Posted on May 4, 2017 by Charles Kuffner

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, … Continue reading →

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County considers its bail options

Posted on May 3, 2017 by Charles Kuffner

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 … Continue reading →

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Harris County bail system ruled unconstitutional

Posted on April 30, 2017 by Charles Kuffner

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 … Continue reading →

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Settle the damn bail lawsuit already

Posted on April 13, 2017 by Charles Kuffner

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. … Continue reading →

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Commissioners get testy over bail practices lawsuit

Posted on March 31, 2017 by Charles Kuffner

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 … Continue reading →

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Bail practices lawsuit wraps up

Posted on March 25, 2017 by Charles Kuffner

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 … Continue reading →

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Sheriff Gonzalez testifies in bail practices trial

Posted on March 10, 2017 by Charles Kuffner

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 … Continue reading →

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Bail practices lawsuit gets going

Posted on March 8, 2017 by Charles Kuffner

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 … Continue reading →

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Ogg sides with bail reformers

Posted on March 6, 2017 by Charles Kuffner

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 … Continue reading →

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Harris County really needs to settle that bail practices lawsuit

Posted on February 14, 2017 by Charles Kuffner

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 … Continue reading →

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Motion to dismiss county bail practices lawsuit denied

Posted on December 23, 2016 by Charles Kuffner

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 … Continue reading →

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City sued over bail practices

Posted on December 8, 2016 by Charles Kuffner

One more lawsuit going after the practice of jailing people who can’t afford to post bonf. Two civil rights groups sued the city of Houston late Monday, alleging the city jail has detained people for days at a time without … Continue reading →

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New Sheriff not interested in defending current bail policies

Posted on November 30, 2016 by Charles Kuffner

Good. After defeating Sheriff Ron Hickman in the election this month, Sheriff-elect Ed Gonzalez is already sticking his nose in Hickman’s official business — mainly, the lawsuit filed against him. Hickman, along with the county, all the county judges and … Continue reading →

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More lawyers for the bail practices lawsuit

Posted on September 30, 2016 by Charles Kuffner

I’m still not thrilled about this. Harris County commissioners voted unanimously Tuesday to add another law firm to the county’s court fight against bail reform, a group whose job will be representing 16 county criminal judges who were recently added … Continue reading →

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Spending money to defend our terrible bail practices

Posted on September 20, 2016 by Charles Kuffner

Ugh. About $170,000 in tax money has been paid to outside attorneys to defend Harris Country officials from a federal civil rights lawsuit alleging that the bail bond system discriminates against poor people, records show. That’s more than the cost … Continue reading →

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