ACLU Celebrates White v. Hesse Settlement

The following is a joint statement from the ACLU of Oklahoma and the American Civil Liberties Union:

“Our legal system rests on two fundamental principles: people are innocent until proven guilty and have the right to be treated equally under the law, regardless of income. This consent decree ensures that Oklahomans detained in Canadian County receive the legal process consistent with those principles. While this settlement applies to one specific Oklahoma county, make no mistake: these same issues are present throughout Oklahoma’s criminal legal system. Our goals remain the same: to dramatically reduce pretrial detention, eliminate wealth-based detention, and combat bias and systemic racism. Oklahoma cannot actualize justice without vigilant attention to the system as a whole and procedural reforms that adhere to constitutional principles and fundamental fairness.”

Under the agreement, judges in Canadian County must determine a person’s ability to pay before imposing cash bail. People who are arrested will also receive information about the bail determination process, including what factors will be considered, before their initial bail determination. 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. The consent decree is now in effect and marks a major step toward ending wealth-based detention in Oklahoma.