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California Writ Project

Since the landmark Humphrey ruling, our California habeas project has expanded: providing training and partnering, so far, with 17 county public defender and appointed defender offices spanning all 6 of California’s intermediate appellate districts and the California Supreme Court. Our team challenges pretrial detention orders that violate Humphrey and raises novel constitutional questions aimed at expanding the right to pretrial release statewide. As of April 2026, the Habeas Project has filed over 200 habeas petitions on behalf of people detained in California in violation of Humphrey or article I, section 12 of the California Constitution. In Kowalczyk, the California Supreme Court affirmed that the legal theory we had advanced in our hundreds of habeas petitions was correct: defendants may not be detained pretrial outside the confines of section 12. In the wake of that ruling, we expect our work and impact to grow exponentially. 

The project continues to push forward the cutting edge of bail law in California and nationally. In connection with our work in the courts, we are partnering with directly impacted people, community organizers, public defenders, and local officials across California to denormalize pretrial human caging and to change the assembly line culture of the bail setting.


Media coverage:

Bail policy changes falter as courts resist individualized hearings | Daily Journal | Dec 29, 2025