ACLU and partners agree on landmark settlement to abolish wealth-based …

On a recent date, the American Civil Liberties Union, ACLU of Oklahoma, and legal firm Covington & Burling LLP announced a groundbreaking agreement with the court leadership in Canadian County, Oklahoma. This agreement, subject to the approval of a federal judge overseeing the case, aims to eliminate the unjust practice of incarcerating individuals solely due to their inability to pay bail.

According to the terms of the agreement, judges in Canadian County must evaluate an individual’s financial situation before setting cash bail requirements. The agreement also prohibits the release from being contingent on payment of cash bail unless the court deems it necessary because non-financial conditions are insufficient to guarantee future court appearances or public safety. This development represents a significant stride towards putting an end to wealth-based detention practices in Oklahoma.

Brandon Buskey, who serves as the director of the ACLU’s Criminal Law Reform Project, expressed the importance of this agreement in rectifying the existing disparities in the state’s justice system. He emphasized the unfairness of a justice system that favored those with financial means over those without. By implementing these new procedures, the aim is to establish a more impartial and fair pretrial system that benefits all individuals involved.

Assuming approval, the settlement would bring resolution to a federal class action lawsuit, White v. Hesse, initiated in 2019 on behalf of individuals held in pretrial detention in Canadian County. The lawsuit challenged the illegitimate use of a standard bail schedule and the practice of imposing cash bail without considering individual circumstances or the ability to pay. This resulted in individuals being incarcerated for extended periods without receiving due process.

Megan Lambert, the legal director at the ACLU of Oklahoma, highlighted the detrimental impact even a short stay in jail can have on an individual’s life. The risk of losing employment, housing, or custody of children as a consequence of pretrial detention makes it challenging for individuals to rebuild their lives post-release. The practice of cash bail perpetuates a cycle of discrimination, poverty, and imprisonment. The agreement reached aims to disrupt this cycle and ensure that individuals are not detained merely due to financial constraints.

In conclusion, the agreement reached by the ACLU, ACLU of Oklahoma, and Covington & Burling LLP with the court leadership in Canadian County, Oklahoma, represents a historic step towards eradicating wealth-based detention practices in the state. By mandating judges to assess an individual’s ability to pay bail and limiting the reliance on cash bail for pretrial release, the agreement aims to create a more equitable and just pretrial system for all individuals in the state.