Off the Kuff Apr 30th, 2017 by Charles Kuffner.
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 a 193-page ruling released Friday, Chief U.S. District Judge Lee H. Rosenthal ordered the county to begin releasing indigent inmates May 15 while they await trial on misdemeanor offenses.
Rosenthal concluded the county’s bail policy violates the due process and equal protection clauses of the Constitution.
“Liberty is precious to Americans and any deprivation must be scrutinized,” the order states, citing a comment from Texas Supreme Court Chief Justice Nathan Hecht.
The judge also granted “class-action” status to the case, meaning that her findings will apply to all misdemeanor defendants taken into custody.
The ruling – a temporary injunction that will remain in place until the lawsuit is resolved pending appeal – will not apply to those charged with felonies, or those who are being detained on other charges or holds.
First Assistant County Attorney Robert Soard said late Friday officials are reviewing the orders.
“No decision has been made at this time concerning an appeal of the preliminary injunction,” he said.
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