A federal judge has permitted Texas Attorney General Ken Paxton to intervene in the lawsuit surrounding the 2019 Harris County misdemeanor bail reform consent decree. This development gives Paxton the opportunity to challenge the policy, which he claims violates Texas law and jeopardizes public safety. The decree, approved in 2019, eliminated most cash bail for misdemeanor offenses and required release on unsecured bonds, with an independent monitor overseeing compliance.
Paxton’s office argues that the decree enabled radical judges to more easily release criminals into Harris, County communities. It claims that liberal activists have attempted to extend its reach despite state laws imposing stricter bail standards. The AG’s office asserts that the policy has led to increased crime and a threat to public safety, which the current system is not adequately addressing. Paxton has vowed to do everything in his power to reverse what he calls this ‘disastrous policy’ and uphold the law.
The original decree was the result of a 2016 class-action lawsuit that argued Harris County’s prior bail practices were unconstitutional because they detained individuals charged with misdemeanors simply for being unable to afford cash bail. The court’s approval of the decree was a significant departure from previous practices. Critics, however, argue that the policy has reduced jail overcrowding and improved the justice system’s efficiency by avoiding the detention of people who pose little threat to the public.
This ruling opens the door for Paxton to attempt to vacate the decree and ensure that the rights of Harris County citizens are represented in court. His office believes that the policy has been misapplied and that the law should be enforced strictly. Meanwhile, supporters of the reform argue that it has protected the rights of the accused and ensured that individuals are not wrongfully detained due to their inability to pay bail. The ongoing legal battle highlights the ongoing debate over the balance between public safety and the right to liberty.