Lawsuit objects to practice that requires people wanted on warrants but can’t afford bail to spend time in jail to secure court hearings that will likely order their release.
The ACLU and a Stanford legal clinic are suing the Santa Clara County Superior Court, alleging it forces poor people wanted on low-level warrants to be jailed just so they can get in front of a judge who will likely decide they don’t belong in jail.
The suit lists Nikolaus Jackson O’Neill Rogge and the civil-rights group Silicon Valley De-Bug as plaintiffs. “A policy that excludes people from court unless they have money or are willing to give up their freedom doesn’t make any sense,” Ware Horne said in an interview. “It makes sense to adopt a policy that encourages people to take responsibility even if they’re poor, come to court, and have due process.”
The lawsuit’s objective is to compel the Superior Court to rescind the jailing policy, and the plaintiffs argue that it has only been in place since July 2022, which they say is evidence that allowing voluntary court calendaring is workable.
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