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Challenging Money Bail Practices in Nevada

Valdez-Jimenez v. Eighth Judicial District Court

Working closely with the Clark County Public Defender’s Office, Civil Rights Corps challenged Nevada’s use of money bail to detain people prior to trial. Our client, Jose Valdez-Jimenez, was indicted in 2018 and assigned a money bail amount of $40,000. Valdez-Jimenez, who was poor and could not afford that amount, argued that the money bail amounted to an unconstitutional detention order made without the rigorous safeguards and findings that are required in order to take the exceptional step of detaining a presumptively innocent person prior to trial. Valdez-Jimenez spent over a year jailed illegally while awaiting trial.

In April 2020, the Nevada Supreme Court issued a historic ruling declaring that every person arrested in Nevada has a right to a thorough hearing before a court requires money for his or her release pretrial, and that if he or she cannot pay that amount the court’s order is equivalent to an order of detention and must meet exacting constitutional standards, including that the detention must be found necessary as a last resort because no less restrictive alternative conditions are reasonably available. This opinion ends decades of illegal practices by Nevada courts.


Media Coverage:

When Public Defenders Play Offense: Bail Reform Comes To Nevada | Vegas Legal Magazine | Apr 8, 2022
Nevada Supreme Court delivers ‘sea change’ decision on bail | Las Vegas Review-Journal | Apr 9, 2020


Partners:

Clark County Public Defender's Office


Filings:

Opinion: Nevada Supreme Court (Apr 9, 2020)
Brief of Amici Curae: Social Scientists (July 25, 2019)
Brief of Amici Curae: Pretrial Services Experts (July 15, 2019)
Brief of Amici Curae: Law Professors (July 15, 2019)