Class Action Suit Against Use of Bail Schedules

A federal lawsuit filed against Wilson County, TN alleges that the bail-setting process in Wilson County is unfair and unconstitutional. The suit was granted class-action status last week by a federal judge. That could open the door for an untold number of former Wilson jail inmates to claim they were wronged and possibly seek monetary damages from the county. Stephanie Staley, who filed the suit, said she was treated unfairly because certain factors — such as her having a steady job, her ties to the community, that it was a minor offense — weren't considered when setting her bail. State law says those have to be taken into account as part of the constitutional prohibition against setting "excessive" bail. The Eighth Amendment to the U.S. Constitution also forbids "excessive bail." Tennessee law also says certain factors must be taken into account in setting bail, including the defendant's criminal history, the likelihood that he will flee, his standing in the community, the severity of the crime and the danger he poses to society if freed.

At issue is whether Wilson County uses some form of predetermined bail schedule without factoring the individual risks associated with the defendant. The report says several of county judicial commissioners have said in sworn depositions they automatically apply some version of an unofficial bail schedule where specific sums are assigned to specific offenses. "Bail schedules were deemed unlawful in Tennessee because they prohibit the consideration of the factors laid out by state law," said Tom Nelson, the presiding judicial commissioner in Davidson County. Source: Tennessean.com

This could open the door to litigation in other states that use pre-set bail schedules. Click the link to view the Missouri statutes pertaining to the setting of conditions and amount of bail.