Tag Archives: Texas Fair Defense Project

Republicans take aim at bail reform

Posted on March 22, 2021 by Charles Kuffner

Lots of bad ideas in here. Members of the Texas Senate Committee on Jurisprudence held their first hearing this week over Senate Bill 21, a controversial bail reform bill backed by Republicans. The purpose of the bill according to its … Continue reading →

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Abbott’s stay-in-jail order blocked and then unblocked

Posted on April 12, 2020 by Charles Kuffner

This was Friday. A state district judge in Travis County has temporarily blocked enforcement of Gov. Greg Abbott’s order to limit jail releases during the new coronavirus pandemic. She cited unconstitutional provisions and overreach of executive power in the gubernatorial … Continue reading →

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Another lawsuit filed over Abbott’s stay-in-jail order

Posted on April 9, 2020 by Charles Kuffner

There’s no slowdown in the litigation business, that’s for sure. Gov. Greg Abbott’s order restricting the release of some jail inmates during the new coronavirus pandemic is facing a second court challenge arguing his order violates the constitutional separation of … Continue reading →

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House passes a bail reform bill

Posted on May 10, 2019 by Charles Kuffner

For what it’s worth. The Texas House gave an initial stamp of approval Thursday to a bill that addresses bail practices, which courts recently deemed unconstitutional in the state’s two most populous counties for discriminating against poor criminal defendants who … Continue reading →

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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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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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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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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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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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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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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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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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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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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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County will use public defenders at bail hearings

Posted on March 16, 2017 by Charles Kuffner

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 … Continue reading →

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