A federal judge has approved Texas Attorney General Ken Paxton’s intervention in a lawsuit challenging the 2019 Harris County misdemeanor bail reform consent decree. This decision allows Paxton to argue that the policy has made Texas less safe by releasing criminals back onto the streets. The reform, which eliminated most cash bail for misdemeanors and introduced unsecured bonds, was approved by a judge in 2019 and includes an independent monitor for compliance.
Paxton, who has consistently criticized the reform, argues that it has enabled radical judges to release criminals into Harris County communities. His office claims that liberal activists have sought to expand the decree’s reach despite state laws that impose stricter bail standards. The Texas AG’s office has called for the termination of the decree, stating that it violates Texas law and endangers public safety.
The O’Donnell Consent Decree stemmed from a 2016 class-action lawsuit that argued Harris County’s prior bail practices were unconstitutional due to their reliance on cash bail for misdemeanor charges. The judge approved the decree in 2019, requiring the release of individuals on unsecured bonds and setting up an independent monitor to oversee compliance. Paxton’s intervention opens the door for his office to seek termination of the decree, furthering his campaign to uphold the law and protect public safety.
Paxton’s office has stated that the decree has allowed radical judges to more easily release criminals into communities, arguing that this has led to an increase in public safety risks. The Texas AG’s statement highlights the conservative stance on law enforcement and public safety, emphasizing the need for stricter bail policies to protect citizens.
This development is part of a broader trend of conservative legal challenges to progressive reforms, with Paxton representing a significant shift in the state’s approach to criminal justice. The decision may have implications for similar lawsuits in other states, as it sets a precedent for challenging bail reform policies that have been implemented in response to calls for reducing mass incarceration.