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Bail Reform in North Carolina—Pilot Project: Citation in Lieu of Arrest

In a series of posts I’ve been discussing bail reform, including highlighting pilot programs underway in North Carolina. In 2018, I worked with stakeholders in North Carolina’s Judicial District 30B (Haywood and Jackson counties) to help them identify and implement a basket of pretrial reforms. One of those reforms involves a new citation in lieu of arrest program. This reform includes implementation of a law enforcement-approved tool for patrol officers to encourage the increased use of citations in lieu of arrest for certain misdemeanors, in the officer’s discretion. The tool is a Cite or Arrest Pocket Card. Although the overall 30B project was a collaborative, multi-stakeholder endeavor, only the law enforcement community participated in the creation of the Pocket Card. The content of the card is reproduced below; in reality it’s a bright blue laminated card, the same size as the Miranda Warnings card.

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Bail Reform in North Carolina—Pilot Project: First Appearances for All Defendants

In a series of posts I’ve been discussing bail reform, including highlighting pilot programs underway in North Carolina. In 2018, I worked with stakeholders in North Carolina’s Judicial District 30B (Haywood and Jackson counties) to help them identify and implement a basket of pretrial reforms. One of the implemented reforms involves providing first appearances for in-custody defendants charged with misdemeanors and Class H and I felonies (highest charge) or arrested on a probation violation within 72 hours of arrest or at the first regular session of the district court in the county, whichever occurs first. The new procedure went into effect on January 1, 2019.

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Bail Reform in North Carolina—Pilot Project: New Decisionmaking Framework

In a series of posts I’ve been discussing bail reform, including highlighting pilot programs underway in North Carolina. In 2018, I worked with stakeholders in North Carolina’s Judicial District 30B (Haywood and Jackson counties) to help them identify and implement a basket of pretrial reforms. One of the implemented reforms is a new decisionmaking framework for determining conditions of pretrial release. Key features of the framework include:

  • An easily implemented, stakeholder-created tool to quickly identify low-risk defendants who immediately can be released on non-financial conditions.
  • A requirement that decisionmakers follow the statutory mandate and impose non-financial conditions unless they determine that such release will not reasonably assure appearance; will pose a danger of injury to any person; or is likely to result in the destruction of evidence, subornation of perjury, or intimidation of witnesses.
  • Recommended maximum bond amounts for secured bonds and the requirement that ability to pay be considered in connection with imposition of that form of release.

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Bail Reform in North Carolina—Why the Interest?

Bail reform is a hot topic in North Carolina. It was recommended by Chief Justice Mark Martin’s North Carolina Commission on the Administration of Law and Justice (report here) and jurisdictions across the state are embarking on reform. In this post I discuss some of the reasons why stakeholders are interested in the issue. In a companion post, I discuss reforms that they are implementing and evaluating.

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A Short Brief on Representation by Counsel in the UK

Our trip to Middle Temple, one of the four Inns of Court in London, did not disappoint. It is physically stunning, a collection of beautiful courtyards and historic buildings. As important, it is a center of education, activity, chambers (law offices), and support for legal professionals. Plus, if you’re a member or a lucky guest, you get to eat in the Middle Temple “cafeteria”:

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Eleventh Circuit Weighs in on the Constitutional Parameters for Bail Systems

Interest in bail reform is heating up in North Carolina. The Chief Justice’s North Carolina Commission on the Administration of Law and Justice recommended implementing evidence-based pretrial justice reform, and reform already is happening in several counties. The North Carolina Courts Commission took up the issue at its September 2018 meeting and Attorney General Josh Stein recently announced a stakeholder Roundtable on the topic. Among the reasons for the interest is this: Litigation risk. Advocates of bail reform have racked up wins in other jurisdictions. In March, I wrote (here) about a recent Fifth Circuit decision holding that the bail system in Harris County Texas violated due process and equal protection. (That opinion was superseded after rehearing but the court’s holding remains essentially the same). In August, the Eleventh Circuit decided Walker v. City of Calhoun, GA, ___ F.3d ___, 2018 WL 4000252 (11th Cir. Aug. 22, 2018). Here’s what happened there:

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Fifth Circuit: Bail System Violates Due Process & Equal Protection

Organizations around the country have called for bail reform. Here at home, a report by the North Carolina Commission on the Administration of Law and Justice recommended that North Carolina move forward with pretrial justice reform. A recent Fifth Circuit case holding that the bail system in Harris County, Texas violates due process and equal protection may create an impetus for jurisdictions to act: Litigation risk.

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May a Magistrate Impose Conditions on a Defendant’s Conduct While in Pretrial Detention?

This question in the title of this post came up in a recent class. The specific context involved a domestic violence defendant who was in jail waiting for a judge to set conditions of release pursuant to the 48 hour rule established in G.S. 15A-534.1. But a similar issue arises whenever a magistrate sets conditions of release for a defendant who is unable to make bond and so remains in pretrial detention. An example of a common condition is that the defendant not contact the alleged victim.

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