The American Civil Liberties Union (ACLU) Foundation of Northern California and the Criminal Defense Clinic at Stanford Law School filed a lawsuit against Santa Clara County Superior Court, accusing them of implementing a policy that violates the U.S. and California Constitutions. This policy allegedly forces poor defendants with non-violent arrest warrants to go to jail just to get in front of a judge, while those who can afford bail have the opportunity to voluntarily appear in court without being jailed first.
According to the Davis Vanguard, this unfair policy results in an unequal system of justice, with critics arguing that equal access to the courts shouldn't depend on an individual's ability to pay. The lawsuit filed on behalf of Nikolaus Jackson O'Neill Rogge and nonprofit organization Silicon Valley De-Bug seeks a writ from the court to immediately rescind the controversial policy and provide a process for out-of-custody defendants to voluntarily appear and be arraigned without first being subjected to jail custody if they cannot pay the uniform bail amount.
Many California courts allow individuals charged with a criminal offense to directly appear in court to clear up active arrest warrants. However, Santa Clara County, which implemented this policy in early 2022, refuses to calendar voluntary appearances, forcing those who can't afford bail to surrender to jail.
This policy has caused considerable harm to defendants like O'Neill Rogge, who turned himself in, spent three days in jail, and was later released on his own recognizance without having to post bail, according to the Mercury News. Even brief incarcerations can have detrimental effects on people's lives, including invasive booking procedures, adverse impacts on parental and caretaking responsibilities, and potential damage to employment prospects.
Carlie Ware Horne, Clinical Supervising Attorney with the Stanford Law Criminal Defense Clinic, said they are asking the Santa Clara Superior Court to align itself with other California counties that provide defendants a fair chance to appear in court without first having to post bail.
