SPLC urges court to uphold decision that struck down unconstitutional money bail system in Harris County, Texas
The SPLC today filed a friend-of-the-court brief supporting a judge’s decision that prevents Harris County, Texas from holding misdemeanor defendants in jail simply because they cannot afford bail.
The case has the potential to reshape bail practices across the United States. Harris County is home to Houston, America’s fourth-largest city.
“Harris County’s bail system is another example of a local government punishing poor people because they could not buy their way out of jail before their trial,” said Micah West, staff attorney for the SPLC, which has successfully encouraged 75 Alabama cities to change their money bail practices. “This process brazenly prioritizes money over liberty. It fails to take into account whether a defendant is a flight risk or a danger to public safety.”
In May 2016, the Civil Rights Corp filed a federal lawsuit challenging “pay or stay” money bail practices in Harris County on equal protection grounds. The case was initially filed on behalf of Maranda O’Donnell, a young mother who was detained in the Harris County Jail when she could not afford to post $2,500 bail after she was charged with driving with a suspended license. Other defendants in similar circumstances later joined the lawsuit.
On April 28, 2017, following an eight-day trial, U.S. District Judge Lee H. Rosenthal granted the plaintiffs’ amended motion for preliminary injunction, finding Harris County’s bail system unconstitutional and discriminatory against the poor.
She also certified the matter as a class-action lawsuit. Harris County has appealed the preliminary injunction to the 5th U.S. Circuit Court of Appeals. Six states, as well as the American Bail Coalition, Professional Bondsmen of Texas, and Professional Bondsmen of Harris County have filed amicus briefs in support of Harris County and reversal of the district court’s decision.
On June 7, U.S. Supreme Court Justice Clarence Thomas denied Harris County’s application to stay a preliminary injunction issued by a federal judge that required the release of people who were awaiting trial on misdemeanor charges and could not pay bail. Hundreds of people charged with minor offenses have been released from jail following the order.
The SPLC filed its friend-of-the-court brief supporting the judge’s order in the 5th U.S. Circuit Court of Appeals with several other organizations, including the American Civil Liberties Union (ACLU), the ACLU of Texas and the Lawyers’ Committee for Civil Rights Under Law.
The case illustrates a national effort to end unconstitutional money bail practices. U.S. Sens. Kamala Harris and Rand Paul introduced a bill last month that would provide incentives for state and local governments to replace or reform their money bail systems.
