Editor's Note: In Fall of 2024, the San Mateo Participatory Defense team in San Mateo County, CA filed a Judicial Complaint against the county judges who were not following precedent regarding bail in the state of California. The San Mateo Participatory Defense team court watched arraignment and bail hearings to build their complaint as they watched countless people have their lives deeply impacted by not being able to afford bail and their freedom being taken. Below is a description of the podcast and links to listen and watch!
Today, we talk with De-Bug’s San Mateo Participatory Defense core who has been observing arraignment court for the past 3 years and just filed a Judicial Complaint based on people's rights not being protected under the Humphrey ruling.
On March 25, 2021, the California Supreme Court upheld the Humphrey decision, ruling that people cannot be held pre-trial due to their inability to pay. It declared the money bail system as unconstitutional and violated people’s rights. Instead, judges must consider someone’s ability to pay money bail as well as other least restrictive means that can ensure that balances public safety and the person coming back to court. In San Mateo County, judges will rarely ask or consider ability to pay on a case.
In today's discussion, San Mateo organizers talk about why they filed the Judicial Complaint, what they have witnessed while observing arraignment court and the impact the money bail system has on low-income people.
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