Challenging the money bail system in Randolph County
Edwards, et al. v. Cofield, et al.
In 2017, Civil Rights Corps and its partners, the Southern Poverty Law Center, American Civil Liberties Union, and the ACLU of Alabama, filed a putative class-action lawsuit alleging that the money bail system in Randolph County, Alabama, violated the constitutional rights of people charged with misdemeanors or felonies because it created a “two-tiered” system of justice based on wealth.
As in many other jurisdictions across the country, each alleged criminal offense in Randolph County had a dollar-amount assigned pursuant to a bail schedule. The Complaint alleged that anyone who could pay the full amount or arrange for payment through a bail bond company or other third party was released automatically, without regard to whether they were likely to flee before trial or be a danger to the community. Those who could not pay remained in jail for up to a month before their release hearing. If they were not released after the hearing, they faced six months in jail – or longer – until trial, because trials were scheduled only twice per year.
The suit was filed on behalf of Kay Edwards and a putative class of similarly situated people in the U.S. District Court for the Middle District of Alabama. It accuses judicial and county officials of violating individuals’ due process and equal protection rights. Within hours of the lawsuit’s filing, a federal judge granted a temporary restraining order preventing officials from continuing to jail Ms. Edwards for her inability to pay bail.
Ms. Edwards was originally arrested for forging a $75 check. She had two young children and was seven months pregnant at the time of her arrest. She was held in jail because she could not afford to pay the $7,500 required by the court’s bail schedule. Ms. Edwards, who served in the Army National Guard from 2006 until 2010, wrote in a declaration accompanying the complaint that she had recently lost her job due to her high-risk pregnancy and was homeless.
Studies show that money bail systems like Randolph County’s make it more likely that innocent people will plead guilty before trial so they can get out of jail.
Media Coverage:
Randolph County Officials Sued for Violating Constitutional Rights | Alabama Public Radio | May 18, 2017
Civil rights firms sue over felony bond practices | Montgomery Advisor | May, 18 2017
Partners:
ACLU
ACLU of Alabama
Filings:
Temporary Restraining Order (May 18, 2017)
Memorandum in Support of Class Certification (May 18, 2017)
Complaint (May 18, 2017)
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