STATEMENT FROM PUBLIC DEFENDER RICARDO D. GARCIA REGARDING CALIFORNIA SUPREME COURT HUMPHREY RULING

Today, as the Los Angeles Public Defender, I encourage every justice reform advocate to take a moment and celebrate. The California Supreme Court declared in Humphrey that presumed innocent people should not languish in jail awaiting adjudication of the accusations against them solely because of an inability to afford bail. This immoral practice has now been declared unconstitutional. The court sharply limited the practice of setting any bail amount at all, noting the many alternatives to bail, such as house arrest or electronic monitoring. Only when no alternative is possible, and there has been an assessment of the person’s ability to post bail can the court then set bail. Judges must consider a person’s ability to post bail and may not detain a person merely because he or she can’t afford bail. We are confident that the judges in Los Angeles County will implement this important decision, protecting the rights of presumed innocent Angelenos. The front-line lawyers in my office will implement this decision in every case, for every client, in every court, where our clients, many from communities of color, are locked up solely because they cannot post bond.