Lawsuit Launched Over Secret Bail Hearings In Texas

The government is all about transparency, and they've got the spying tools to prove it; except for when it comes to their own actions.

Shining a light on their wrongdoings often isn't welcome by those who claim to be “serving” us. And In Dallas County, Texas, a lawsuit has recently been launched over accusations relating to their secret bail hearings in the region.

Those who are less financial fortunate in the region are claiming that the county bail system is unconstitutional and discriminatory against them.

There are claims that prior to bail hearings, jailers have been informed that the price could dramatically increase if they are caught speaking without permission. As well, that these bail hearings--which only last a few seconds on average--are conducted mostly in secret.

This means that family members, activists, journalists, or attorneys etc, would not be allowed to witness the proceedings.

Does this sound like it promotes the safety and well-being of those who are there for a bail hearing? Because that's alleged to be the justification.

Defendants are arguing that it's unconstitutional and discriminatory because the system is holding them, while others who can afford to pay are set free.

For those who can't afford to pay for their freedom they're left in a cage. And the plaintiffs in the case say that the state isn't considering their financial ability to make the payment.

Critics of the bail system also suggest that for those who cannot afford to pay for their freedom, that perhaps rather than leaving them in solitary confinement or prison etc, that they be given an ankle monitor or some other solution that might ensure they show up for their court date?

For those who cannot afford to pay their way out of jail, they also suffer a variety of other consequences.

While they are behind bars, this can often cause them to lose their job or place of residence; among other concerns. They're also much more likely to plead guilty. And many offenders who are deemed “low risk” are being held at the expense of taxpayers because they can't immediately afford bond. Perhaps prisons wouldn't be so overcrowded if this wasn't the case, and if there weren't so many being held for victimless crimes.

Secret bail hearings aren't the only issue in the region. Dallas County officers have also previously come under fire for their alleged mishandling of roughly 70 percent of probation violations, according to a state audit.

It's estimated that 2 out of 3 times, probation officers neglected to follow proper department procedure. And those aren't the only occasions that their inefficiencies have been brought to light.

In the lawsuit against the county, attorneys allege that by conducting the secret bail hearings that it's preventing community members from exercising their First Amendment rights.

They want the hearings to be open so they can get a better idea of the violations that might be taking place.

And not that long ago, a federal appeals court determined that it was unconstitutional to be leaving people in jail who had been charged with non-violent offenses, because they cannot afford bail. Perhaps Dallas County will be the next region, among many, to see reform in this area.

Pics:
Pixabay
pixabay
Marco Torres via Houston Press

Sources:
https://www.texasobserver.org/bail-lawsuit-accues-dallas-county-violating-poor-peoples-rights/
https://www.dallasnews.com/news/crime/2014/05/18/dallas-county-officers-mishandled-70-of-probation-violations-initial-state-audit-finds
https://www.texastribune.org/2018/01/22/following-harris-county-ruling-poor-inmates-sue-dallas-county-over-bai/
http://www.houstonpress.com/news/federal-judge-says-harris-county-bail-system-is-unfair-to-poor-defendants-9397124

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