The Bail Post

The United States Supreme Court denied the petition for cert. filed by the plaintiffs in Daves v. Dallas County in January.  In February, the United States Supreme Court filed another petition for cert. filed in Little v. Doguet from Louisiana on a similar issue.  Therefore, the Daves v. Dallas County case has finally been concluded.  On this episode of The Bail Post we discuss the legacy of this case and the other important case called ODonnell v. Harris County.  

J.E. "Eddie" Guerra is the Sheriff of Hidalgo servicing around 1 million people.  Sheriff Guerra was appointed to office after his predecessor resigned as a result of scandal.  Sheriff Guerra rebuilt trust with the public and was reelected multiple times by the voters.  Sheriff Guerra talks about the steps he took to rebuild trust with the public.Hidalgo County is a border county with Mexico.  As a result, Sheriff Guerra deals with all the things that a sheriff has to deal with and then on top of that he deals with border issues as well.Sheriff Guerra has won many awards.  He is known for sharing data with many different agencies and says that he does not care who gets credit for getting the arrest.  By all metrics, crime in Hidalgo County has gone down in Hidalgo County.Join us for this episode of The Bail Post as we talk to Hidalgo County Sheriff Eddie Guerra.

On this episode of The Bail Post, we reach several milestones.  First, this is episode number 50.  Second this is the start of Season 3 of the Bail Post.On Season 1, the first episode focused on what bondsmen do.  On Season 2, the first episode highlighted why the private industry was so much more successful than any other release mechanism.For Season 3, the first episode focuses on what it is that PBT does for the bondsmen of Texas.  Our guest is the new president of PBT, Irma Montemayor.  She talks about what it takes to run one of the best and most effective bail associations in the United States.  She also highlights the work that PBT engages in at the Texas Legislature.There is also a discussion regarding how PBT raises funds to be able to be active at the legislature.  Ms. Montemayor highlights the importance of PBT's continuing education class.Also, there was a discussion regarding the partnerships that PBT enters into with surety companies to provide additional funds to defend the bail industry to get their story out.  The current partners include:  AIA, American Surety, Bankers, Financial Casualty & Surety, and Lexington National.  Ms. Montemayor challenged agents of sureties not on this list to contact their insurance company to find out why they were not partnering with PBT to defend their businesses.Join us on The Bail Post as we start Season 3.

Lucy Adame-Clark was born in San Antonio, Texas. She attended Sidney Lanier High School and attended Southern Careers Institute in San Antonio for paralegal studies. Prior to becoming county clerk, Adame-Clark worked in the Bexar County Sheriff's office from 1997 to 2018. There she worked as a booking ID clerk from 1997 to 2008, a latent print examiner/AFIS in the criminal investigation division from 2008 to 2012, and a criminal processing clerk from 2013 until her election in 2018.According to Bexar County records, Adame-Clark was the first Latina and the first woman elected to the county clerk position. She is a member of the International Association for Identification and the Bexar County Bail Bond Board. She also serves as the Bexar County Treasurer and Chairman of the Records Management Committee. Outside of her professional career, Adame-Clark previously volunteered as the booster club president for the Southside Independent School District AFJROTC program and Democratic Precinct Chair for her area.Our guest also agreed to provide a link for searching their system for certain warrants.  The link is as follows:                      https://fugitivesearch.bexar.org/Join us on this episode of The Bail Post as we have a conversation with the Bexar County Clerk Lucy Adame-Clark.

Following the death of George Floyd, the Illinois Legislative Black Caucus proposed an extensive legislative package that included criminal justice reforms alongside reforms in education, health care and human services, and economic policy.  The bill was referred to as The Safety, Accountability, Fairness and Equity-Today Act, commonly known as the SAFE-T Act.The bill made a number of reforms to the criminal justice system, affecting policing, pretrial detention and bail, sentencing, and corrections.  The Act's section on pretrial detention, which took effect in full on September 18, 2023, is also known as the Pretrial Fairness Act.On this episode on The Bail Post we discuss Illinois and the Safe-T Act.

David Zimmer is a Policy Fellow at Center of the American Experiment, where he writes about criminal justice and public safety.Mr. Zimmer served 33 years in local law enforcement with the Hennepin County Sheriff’s Office, retiring as a Captain. During his law enforcement career, Mr. Zimmer served as a deputy and a supervisor in areas including the Jail, Courts, Patrol/Water Patrol, Investigations, and Tactical Command. Mr. Zimmer was recognized as a collaborative law enforcement leader who earned the respect of stakeholders throughout the criminal justice system. He advocates for public policy that will ensure a consequential criminal justice system for all Minnesotans.In 2021, Minnesota began tracking the race of individuals accused of crimes.  This data allowed Mr. Zimmer to produce a report called "Dispelling the Myth of Unwarranted Racial Disparities in Minnesota's Criminal Justice System."  The conclusions of the report raise questions about whether proponents for reforms that gut accountability are doing the opposite of their intent by causing more harm to the very communities that the proponents claim to be seeking to help.To view the report  CLICK HERE.

On Episode No. 45 on The Bail Post, we discuss a debate that we recently participated in against a representative of Civil Rights Corps.  This is the organization that has filed bail reform and criminal justice reform litigation across the United States.  This organization filed all of the cases in Texas that made their way to the United States Court of Appeals for the 5th Circuit.  These cases include:  ODonnell v. Harris County, Daves v. Dallas County, Russell v. Harris County and Booth v. Galveston County.We discuss our preparation for the debate and our expectations.  We also talk about the heated and we mean very heated debate that took place and the toxic language that Civil Rights Corps uses.  We also talk about our take away from the debate and whether there can be any common ground found when Civil Rights Corps cannot agree on such things as simple facts such as whether the reforms in ODonnell are a failure.  They cannot even agree that there is disagreement about these reforms.  If you would like to watch or listen to the debate itself, it can be found HERE.

On this Episode of the Bail Post we are at the PBT Annual Meeting and we are recording "live" to tape where we have a panel discussion regarding the Inside Scoop about Bail Bond Boards.  Our guests are Ethel Segura and Michelle Turner.  Ethel Segura is the Bail Bond Administrator for the Bexar County Bail Bond Board.  Michelle Turner is the 1st Assistant County Attorney for Fort Bend County and is the attorney for the Fort Bend County Bail Bond Board.On this unique and different episode we discuss common mistakes that bondsmen make and several new statutes that may impact the actions of bail bond boards moving forward.This is an audio only episode.

A County Judge can be the judge of a constitutional county court, a judge of a county court at law or the judge presiding over a county's commissioners court.  On this episode of The Bail Post our guest is the The Honorable Judge Tim O'Hare.  He is the Tarrant County Judge over the commissioners court.    After graduating from The University of Texas at Austin in 1991 with a BBA in Finance, he went on to earn his law degree from SMU School of Law in 1995. Tim spent the last twenty-five years building a successful legal practice and real estate investment company.  During this time, Judge O’Hare earned the title of “Texas Super Lawyer” nine consecutive years.Judge O'Hare took office in January 2023 and just finished his first budget cycle for Tarrant County where the commissioners court cut the county's budget saving the taxpayers millions of dollars.  How does a first term county judge navigate local politics and get various office holders to agree to cut their budgets?  Also, Judge O'Hare touches on the importance of public safety for the county's budget.  

On this episode of The Bail Post, we discuss two different counties approaches to federal bail litigation.  In both counties, the federal courts entered preliminary injunctions to fundamentally change local bail procedures.  In Schultz v. Alabama, the county appealed, refused to settle and fought the litigation every step of the way.  The Eleventh Circuit Court of Appeals reversed the preliminary injunction and returned control of bail back to the county.  In contrast, in O'Donnell v. Harris County, the county appealed and won only to have the trial court enter a new preliminary injunction.  It was appealed as well and the 5th Circuit stayed the 2nd preliminary injunction stating that there was a substantial likelihood that the judges would win again.  However, the case did not go forward because there was an election and new judges were elected who promised to resolve the litigation.  A settlement was entered that tied the hands of the judges going forward.  On this episode, we hear the tale of two counties:  one that stood up to the plaintiffs' attorneys and won and another county that gave up and is still suffering the consequences to this day.The Guest is Matt Gentry who is the Sheriff of Cullman County, Alabama.  Sheriff Gentry was born and raised in Cullman County.  He attended school there.  After a stint in the Marines he returned home and went to work for the sheriff's department where he worked his way up to be the elected sheriff.  

Anne Marie Schubert is a career prosecutor.  Schubert earned a bachelor's degree from Saint Mary’s College of California in 1986 and a J.D. from the University of San Francisco in 1989. Her career experience includes being the Sacramento County District Attorney, Supervising Deputy District Attorney of the Sacramento District Attorney's Office, and Deputy District Attorney of Contra Costa and Solano Counties. Schubert has been a board member of the National District Attorneys Association and has been affiliated with Fight Crime: Invest in Kids and Stand Up for Victims.On this episode of The Bail Post we discuss whether California have reached a breaking point with rising crime and criminal justice reform.  If you would like to learn more about the letter issued by the Oakland NAACP CLICK HERE.

In Texas, the new rules for magistration went into effect on April 1, 2022 that required the review of a Public Safety Report setting out the defendant's criminal history before bail is set.  On Episode Number 40 of The Bail Post we discuss the lessons that have been learned after magistrating under the new rules for the last year.  Our guest is The Honorable Tamara Tinney who is a magistrate judge from Burnett County.  We discuss issues regarding certification of magistrations, bond modifications and other issues using the OCA System.  Other issues discussed involve the illusive solution regarding mental health patients in the criminal justice system and the impact on drug abuse.

On this Episode of The Bail Post we get a report of the Texas Legislative Session looking at Criminal Justice Issues including SB 1318, SJR 44, HB 227 and others.  We also touch on whether bail will be part of any upcoming Special Sessions and the elephant in the room regarding the Impeachment trial planned for September. Our guest is the PBT Legislative Committee Chair- Scott Walstad.

On May 1, 2023, Florida's Governor Ron DeSantis signed HB 1627.  The bill was described as Florida's response to disastrous “bad bail reforms” being pushed by liberal politicians and prosecutors in high-crime jurisdictions throughout the country.In this episode of the Bail Post we discuss HB 1627 and other bail bills passed in the most recent Florida Legislative Session.  Several highlights of the legislations is that the bill:Requires the Florida Supreme Court to develop a uniform statewide bond schedule by the end of the year; andProhibits the chief judge of a judicial circuit from setting a lower bond amount for a criminal offense than the uniform statewide bond schedule. “In Florida, we stand for the rule of law, we back our blue, and we treat offenders as they should be treated — not as victims, but as criminals who deserve to be behind bars,” said Attorney General Ashley Moody.“ That’s one of the reasons why we are the fastest growing state in the nation. I am grateful for Governor DeSantis’ strong leadership in advocating for, and signing, new laws that go after fentanyl traffickers and keep violent and repeat offenders behind bars to protect Floridians and our millions of visitors.” Our guest is Shawn Foster who has worked with the Florida Bail Agents Association before the Florida Legislature for the last 8 years.  

New York recently passed the third or fourth round of roll backs of the bail reform it passed at the start of the pandemic.  On this Episode of The Bail Post we learn all about the bail reforms that New York passed and the various roll backs passed since.  Our guest is Michelle Esquenazi who is the President of The National Association of Bail Agents.

On the 36th episode of the Bail Post we talk about the importance of accountability in bail and in the Criminal Justice System in general.  Our guest is the Honorable Maria T. Jackson who has been the presiding Judge of the 339th State District Court in Houston, Harris County, Texas since the election of 2008 until she decided not to run for re-election.Judge Jackson received her B.A. degree in Political Science from The University of Texas at Arlington.  She received her Doctor of Jurisprudence from the Texas A&M School of Law formerly Texas Wesleyan School of Law.In 2014, Judge Jackson was named one of the “Top 30 Most Influential Women of Houston.” In 2015, Judge Jackson was recognized again for her judicial service to the community by the Lebanon Times magazine. She was a Houston Livestock Show and Rodeo Black Heritage Honoree, a Houston Bar Association-CLE distinguished member, and recognized by Houston’s Influential 40 Under 40. The Houston Sun honored Judge Jackson the “Women of Power and Purpose” award in 2013. She is a sustaining member of the Harris County Democratic Party. She is a member of the Lakewood Church. She is also a member of the Delta Sigma Theta Sorority.

In the bail reform debate, periodically we hear that changes should emulate the Washington D.C. system of bail which replaced the private sector of bail and with a government pretrial services department. The guest for this episode of The Bail Post is a life long resident of Washington D.C.  He is Frederick Douglas Cooke, Jr. and he was born and raised in the District of Columbia.  He attended the District of Columbia public school system and graduated from McKinley Technical High School in 1965.    After high school, Mr. Cooke enrolled at Howard University and graduated in 1969 with a degree in Psychology and a commission as a second lieutenant in the United States Air Force.  Mr.  Cooke deferred some of his U.S. Air Force service and enrolled at the Howard University School of Law where he was Managing Editor of the Howard Law Journal and Chairman of the National Conference of Law Reviews for the 1971-1972 school year.  He graduated with honors from the Law School in 1972.  Upon graduation,  Cooke served as the Law Clerk for the Hon. George W. Draper, II an Associate Judge of the Superior Court for the District of Columbia.  In 1973, Cooke was appointed a Captain in the Judge Advocate General’s Department of the U.S. Air Force and served four years in that capacity.In 1977, Cooke returned to the District and joined a large corporate law firm specializing in telecommunications, higher education, entertainment, and corporate law.  He became a partner in that law firm 1982.  In 1987, he was appointed by Mayor Marion Barry to serve as the Corporation Counsel of the District of Columbia (now called the Attorney General for the District of Columbia) where he was the head of a law office of about 250 lawyers and an equal number of support staff.In 1990, he left government service and returned to the private practice of law.  In his practice, he works primarily on governmental relations, municipal finance, telecommunications, land use, public contracting, sports, advertising, litigation, intellectual property education, general corporate matters, and civil and criminal litigation matters.Join our discussion as we discuss bail reform, learn about the Washington D.C. bail system and surprisingly find common ground on what works and what does not work on bail reform issues.

Over the last few years, reformers have been advocating that changes should be made to the Criminal Justice System on the grounds that bail was not needed; that defendants would go to court anyway.  During the COVID-19 pandemic, many of these policies were used and gave us a preview of what the bail reform movement would look like if the policies were retained after the pandemic.  Jeff Reisig is the Independent District Attorney for Yolo County in California.  Mr. Reisig released two reports looking at recidivism (new crime) rates of defendants released on zero bail in Yolo County.  The first report was issued in August 2022 and found that over 70% of the individuals released on zero bail committed new crimes within 18 months of release.One of the criticisms to this report was that there was no control group of individuals released on surety bail to give any kind of comparison.  Therefore, in February 2023, an updated analysis was released adding a comparison or control group to see if there was a difference in outcomes for individuals released on bail vs. individuals released on zero bail.  The results were shocking.  Individuals simply released committed new crimes at a substantially higher rate and more quickly than individuals released on surety bail.  Why was there such a difference?  Join us for this episode of The Bail Post.If you would like to see the August 2022 report- CLICK HERE.If you would like to see the February 2023 analysis- CLICK HERE.

Our guest today is the current district clerk of Tarrant County, Texas, Tom Wilder.  Tom took office in 1995 and was recently re-elected for another 4-year term last November.  He serves on the Tarrant County Information Technology Steering Committee, Justice Executive Planning Committee, Criminal Justice Coordinating Committee, E-Gov Committee, and chairs the Tarrant County Bail Bond Board.  Mr. Wilder sits on the Board of Directors for the District Court Alliance and is a member of the County and District Clerks' Association.  He also is an associate member of the Tarrant County Bar Association and sits on the TVAS (Pro Bono) Committee.Prior to being elected District Clerk, he was the owner of the Wilder Company, a Commercial Real Estate Services firm for 25 years.  In 1987, Tom was appointed by Governor Bill Clements as a board member of the Real Estate Center at Texas A&M, the largest real estate research body in the USA.  He served there for over seven years and was elected chairman 1991-1992.Mr. Wilder has received two statewide Best Practices Awards from the Texas Association of Counties and special recognition from the Texas House of Representatives for cost efficient operation of the District Clerk's office.He is here today to talk about local government and update what is happening in the District Clerk's office.  Mr. Wilder has been active in National, State, and local politics beginning in 1962 on the college campus of the University of Dallas.  

On March 31, 2023, the United States Court of Appeals for the Fifth Circuit handed down the long awaited second en banc opinion in Daves v. Dallas County.  The opinon has some strident language.  The court of appeals held that neither Daves v. Dallas County, nor ODonnell v. Harris County should have ever been litigated in federal court.  On this weeks episode of The Bail Post we discuss the new opinion from the Fifth Circuit and address its potential impact the opinion will have.If you would like to listen to our discussion of Daves v. Dallas County 1 you can find that podcast by CLICKING HERE.If you would like to read the opinion CLICK HERE.