In Hamilton County, a person who gets arrested will have their bail set in an off-the-record hearing that lasts for just minutes. The price of their freedom is decided entirely by an unelected magistrate, without any attorney present.
According to a new ruling from the District Court of Eastern Tennessee, this practice is unconstitutional. The court found that anyone assigned a cash bond has the right to a bail hearing, where they must be represented by an attorney and the state must prove that bail is necessary.
Every day that defendants' rights are violated, the County's liability grows, but our system doesn't have the staff, budget, or capacity to provide a constitutional bail hearing to every person that's arrested.
That's why CALEB is calling on County officials to work with Civil Rights Corps, a legal advocacy organization, to create an action plan that will bring the County into compliance, protect our rights, and end unconstitutional pretrial detention in our community once and for all.
According to a new ruling from the District Court of Eastern Tennessee, this practice is unconstitutional. The court found that anyone assigned a cash bond has the right to a bail hearing, where they must be represented by an attorney and the state must prove that bail is necessary.
Every day that defendants' rights are violated, the County's liability grows, but our system doesn't have the staff, budget, or capacity to provide a constitutional bail hearing to every person that's arrested.
That's why CALEB is calling on County officials to work with Civil Rights Corps, a legal advocacy organization, to create an action plan that will bring the County into compliance, protect our rights, and end unconstitutional pretrial detention in our community once and for all.
What Can You Do?
Contact your elected officials!
Reach out to local leaders in Hamilton County and urge them to take action on this issue! County officials have the final say on this issue, so we have to let them know that defendants' rights are a community issue.
Don't know what to say? Use our template email below:
Dear [Commissioner’s name],
My name is [Your name]. I am one of your constituents in District [Your District], and I am writing to draw your attention to an issue that is affecting many people in our community.
When a person is arrested in Hamilton County, their bail is set by a magistrate at the county jail. The process takes just minutes - the magistrate has complete discretion, and the person’s financial circumstances are not taken into account. A person who can’t pay their bail will sit in jail for up to 2 weeks before their arraignment, simply because they cannot afford their release.
In September of last year, the District Court for the Eastern District of Tennessee issued a judgment in the case of Torres v. Collins, a decision that is now law for all counties within the district, including Hamilton County. In this case, a lawsuit was brought against Hamblen County, Tennessee, for violating the constitutional rights of defendants through a set of bail-setting practices very similar to our own.
In their decision, the court found that a person held in jail due to being unable to pay their bond has the right to a bail hearing. In order for this hearing to meet constitutional requirements, the person must be represented by an attorney, the state must show evidence that bail is necessary to secure the person's appearance in court, and their ability to pay bail must be evaluated and taken into consideration.
Action must be taken urgently to bring our local bail practices into compliance with the law, but our courts do not have the capacity to provide bail hearings to everyone who is legally entitled to one. Civil Rights Corps, the organization representing the plaintiffs in Torres v. Collins, has provided you and other County officials with detailed policy recommendations and offered to assist the County in implementing those strategies. I am asking you and other County officials to meet CRC at the negotiating table in order to find a solution and bring our cash bail system into compliance with Tennessee law.
This is an opportunity to not only avoid a costly lawsuit, but also to explore policies that address long-standing issues in our criminal justice system. As your constituent, I am asking that you do the right thing and take action to protect our rights and end unconstitutional bail practices in our community.
Sincerely,
[Your Name]
[Your District Number]
My name is [Your name]. I am one of your constituents in District [Your District], and I am writing to draw your attention to an issue that is affecting many people in our community.
When a person is arrested in Hamilton County, their bail is set by a magistrate at the county jail. The process takes just minutes - the magistrate has complete discretion, and the person’s financial circumstances are not taken into account. A person who can’t pay their bail will sit in jail for up to 2 weeks before their arraignment, simply because they cannot afford their release.
In September of last year, the District Court for the Eastern District of Tennessee issued a judgment in the case of Torres v. Collins, a decision that is now law for all counties within the district, including Hamilton County. In this case, a lawsuit was brought against Hamblen County, Tennessee, for violating the constitutional rights of defendants through a set of bail-setting practices very similar to our own.
In their decision, the court found that a person held in jail due to being unable to pay their bond has the right to a bail hearing. In order for this hearing to meet constitutional requirements, the person must be represented by an attorney, the state must show evidence that bail is necessary to secure the person's appearance in court, and their ability to pay bail must be evaluated and taken into consideration.
Action must be taken urgently to bring our local bail practices into compliance with the law, but our courts do not have the capacity to provide bail hearings to everyone who is legally entitled to one. Civil Rights Corps, the organization representing the plaintiffs in Torres v. Collins, has provided you and other County officials with detailed policy recommendations and offered to assist the County in implementing those strategies. I am asking you and other County officials to meet CRC at the negotiating table in order to find a solution and bring our cash bail system into compliance with Tennessee law.
This is an opportunity to not only avoid a costly lawsuit, but also to explore policies that address long-standing issues in our criminal justice system. As your constituent, I am asking that you do the right thing and take action to protect our rights and end unconstitutional bail practices in our community.
Sincerely,
[Your Name]
[Your District Number]