Dallas County’s bail system violates the Constitution and keeps poor defendants jailed before trial, according to a recent federal court ruling. Now it is up to the U.S. Supreme Court to decide if they wish to take up this matter or not.
In this case, the Plaintiffs are seeking new procedures and protections for Magistrate Judges when setting terms of release, whereas the Defendants contend that these claims must first be raised through habeas corpus proceedings.
What Happened?
After a district court judge found that Dallas County’s post-arrest bail procedures violated the constitutional rights of poor defendants, the county agreed to reform its system. Starting immediately, people arrested for misdemeanors will now be promptly released without having to pay money bail; low risk defendants can now obtain pretrial release on personal bonds; and demand limits will be placed on those arrested for felonies.
On appeal, however, the 5th US Circuit Court of Appeals overruled this ruling and reversed the district court decision, ruling that Supreme Court precedent requires federal courts to abstain from revising state bail bond procedures. Furthermore, new laws signed by Governor Greg Abbott in 2021 to ban money bail for violent criminal suspects effectively rendered this case moot and thus led the Supreme Court not to consider hearing it further; ultimately this county is likely to appeal the decision as they believe their rights have been denied.
Impact on Texas
The Supreme Court’s refusal to hear Daves v. Dallas County, an appeal challenging Dallas County’s money bail system that critics allege discriminates against poor individuals, comes as a blow for civil rights groups that brought this case.
This lawsuit alleges that magistrate judges and the county’s policy of conditioning pretrial release upon payment violate equal protection and due process rights for indigent defendants, infringing upon equal protection and due process rights. Last year, a federal judge mandated the county change its bail system after labelling it “wealth-based detention model,” but so far nothing has happened – meaning this case will head back into district court once more.
The Supreme Court’s decision to not review an appeal from plaintiffs means the district court will determine if they have standing to file suit in their lawsuit, if that is indeed possible. Their refusal could have far-reaching effects across Texas and beyond; join The Brief for our daily newsletter that keeps you up-to-date on Texas news!
Impact on Other States
Civil rights groups across the nation continue their fight for change to cash bail systems. “To expand preventive detention effectively,” according to Erin George of The Bail Project.
Last year, a federal judge in Dallas issued a temporary order ordering Dallas County to stop its practice of requiring defendants to pay money upfront as a condition for pretrial release, which he believed violated equal protection and due process clauses.
But the U.S. Supreme Court declined to hear a challenge to its ruling, meaning the case will now return to district court, which could impose more stringent restrictions on Dallas county practices. Meanwhile, federal and state judges across Texas continue using their discretion when it comes to whether people must pay money before being released from custody before their cases reach trial.
Conclusions
Six years after a district judge ruled that Dallas County judges were breaking the constitution by failing to consider an arrestee’s ability to pay their bail, a federal appeals court overruled it and supported Dallas County. The Fifth Circuit determined that state district courts, such as those found within Dallas County, enjoy immunity when setting bail schedules.
Plaintiffs, criminal defendants, claimed magistrate judges violated equal protection and due process by setting bail amounts without considering an arrestee’s ability to pay. To address their concerns they filed a Section 1983 suit against the county, its sheriff, and judges; contending they lacked immunity as they were acting as state officials.
The Supreme Court refused to hear this case, leaving in place Dallas County’s bail system as is and potentially having ripple effects across other states that use cash bail in similar fashions.
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