The money bail system in Randolph County, Alabama, violates the constitutional rights of people charged with misdemeanors or felonies because it created a “two-tiered” system of justice based on wealth. The Southern Poverty Law Center and its allies filed a federal class action lawsuit to end the practice. It was among the first to challenge the constitutionality of felony bail practices.
Within hours of the lawsuit’s filing, a federal judge granted a temporary restraining order preventing officials from continuing to jail plaintiff Kandace Edwards for her inability to pay bail.
Edwards, who had two young children and was seven months pregnant at the time, was arrested for forging a $75 check. She was held in jail because she could not afford to pay $7,500 required by the court’s bail schedule. Edwards, who served in the Army National Guard from 2006 until 2010, wrote in a declaration accompanying the complaint that she had recently lost her job due to her high-risk pregnancy and was homeless.
The district court later certified a class of people who have been arrested and are unable to afford the secured money bail amount set as a condition of their release from jail.
In Randolph County, each offense has an assigned dollar amount. Anyone who can pay the full amount or arrange for payment through a bail bond company or other third party is released automatically, without regard to whether they are likely to flee before trial or be a danger to the community. Those who cannot pay remain in jail for up to a month for a release hearing. If they are not released after the hearing, they face six months in jail – or longer – until trial, because trials are scheduled only twice per year.
In 2025, the district court dismissed Ms. Edwards’s case after Randolph County changed its bail practices. The case is currently on appeal before the U.S. Court of Appeals for the 11th Circuit.
Studies show that money bail systems like Randolph County’s make it more likely that innocent people will plead guilty before trial so they can get out of jail. The SPLC’s co-counsel included the American Civil Liberties Union, the ACLU of Alabama and the Civil Rights Corps.
