OKLAHOMA CITY – The American Civil Liberties Union, ACLU of Oklahoma, and Covington & Burling LLP announced a landmark agreement today with court leadership in Canadian County, Oklahoma that, if approved by the federal judge presiding over the case, would put an end to the unconstitutional practice of jailing people simply because they cannot afford bail.
Under the agreement, judges in Canadian County must determine a person’s ability to pay before imposing cash bail. The agreement also prohibits conditioning release on paying cash bail unless the court finds that doing so is necessary because nonfinancial conditions will not adequately ensure future court appearance or protect the public. This marks a major step toward ending wealth-based detention in Oklahoma.
“This agreement marks a major step toward ending a two-tiered justice system in Oklahoma where wealth determined who stayed in jail and who walked free,” said Brandon Buskey, director of the ACLU’s Criminal Law Reform Project. “For far too long, people who are presumed innocent have been languishing in jail when they could have otherwise been safely in their communities. The procedures we have implemented are critical to building a more just and equitable pretrial system for all.”
If approved, the settlement would resolve a federal class action lawsuit, White v. Hesse, brought in 2019 on behalf of people detained pretrial in Canadian County. Plaintiffs challenged the unconstitutional use of a preprinted bail schedule and the policy and practice of imposing cash bail without individualized hearings or ability to pay assessments. As a result, people were routinely held in jail for weeks without receiving a meaningful hearing.
“Spending even a few days in jail can upend a person’s entire life,” said Megan Lambert, legal director at the ACLU of Oklahoma. “People risk losing their jobs, their housing, and even custody of their children, making it more difficult to rebuild their lives upon release. Cash bail traps people in a cycle of discrimination, poverty, and incarceration. Today’s agreement interrupts that cycle to better ensure that no one is locked up simply because they cannot afford to pay for their freedom.”