State Supreme Court to review money bail case

The state Supreme Court has agreed to review an appellate case that has become a significant challenge to the money bail system.

The court said Wednesday it would examine the question of what authority judges have in setting bail for pretrial defendants. San Francisco District Attorney George Gascon asked the court to weigh in on In re Humphrey (2018) 19 Cal. App. 5th 1006.

The case involves a retired shipyard worker charged with attacking, threatening and stealing from a disabled 79-year-old neighbor. A judge initially set a bail of $600,000 and later reduced it to $350,000. Kenneth Humphrey, 64, claimed in his initial case he was collecting a debt owed by the victim.

The 1st District Court of Appeal ruled in January that the bail amount essentially meant Humphrey was "imprisoned solely due to poverty."

In a 3-0 decision, it ordered a new hearing to determine if he could safely be released and what bail he might reasonably be able to pay. He was released May 9.

Gascon argued the precedent set by the appellate ruling gives judges too little discretion to hold poor defendants who face serious charges or who might pose a threat to public safety.

The high court will also examine whether the appellate court's rationale was correct in saying that holding defendants for an inability to pay bail constitutes a violation of defendants' equal protection and due process rights.

San Francisco Public Defender Jeff Adachi, an outspoken opponent of the current cash bail system, welcomed the decision.

"This review will help answer important questions surrounding the constitutionality of the bail system," Adachi said in an press release.