VERA failure

The best way to promote any Bail Reform scheme that proposes to eliminate secured accountable bail: Lie and disregard the inconvenient truths.

No rational taxpayer will like the inevitable consequences of releasing all accused criminals on unsecured bail and promises to appear.

New Orleans City Councilman Susan G. Guidry introduced a Municipal Ordinance that would require the jail to release all accused criminals immediately following their booking. For those who must appear before a judge, the proposed ordinance directs the judge to release the accused on his or her own recognizance.

During a September 19, 2016 meeting of the New Orleans City Council Criminal Justice Committee, Municipal Court Judge Paul N. Sens testified and shared some of his experiences as a sitting judge. You can view the entire committee hearing here.

Councilwoman Guidry pretends to be “astounded” that bail bond agents are vehemently opposed to her ordinance. In her mind, large numbers of poor people are forced to languish in jail solely due to their inability to post a bond. Even though everyone accused of a misdemeanor in New Orleans currently sees a judge within 24-hours, Guidry wants accused criminals released immediately on unsecured bonds. Her proposed ordinance includes:

  • “The Court may not place a secured financial condition on a warrant of arrest.”
  • “No defendant may be detained because of failure to abide by a non-financial release condition due to inability to pay.”

Amazingly, this would include defendants with a history of failures to appear.

In an attempt to make her proposals palatable to voters, Councilwoman Guidry falsely claims that this will apply to non-violent misdemeanors only and have no negative impact on public safety or quality of life.  The hearing included this remarkable exchange between Councilwoman Guidry and the Honorable Judge Paul See.

JUDGE SEE: “We do have a large number of failing to appears. . . We have probably in the neighborhood of 40,000. I think the last time I checked we had over 40,000 warrants for people’s arrest for failing to appear in court.”

Councilwoman Guidry doesn’t like this testimony because it conflicts with her unfounded belief that the method of release has no impact on failures to appear in court. She counters with this stumbling attempt to state that secured bail isn’t working:

COUNCILWOMAN GUIDRY: “So obviously the bail doesn’t keep that from happening. The bond does not keep that from happening. You got 40,000 and you know if somebody is gonna not show I would assume they’re not gonna show for whatever they are out once they are out they are not gonna come back whether its that they couldn’t get out until the first hearing so you gave them first hearing and then you gave them a trial date. And they’re not gonna come back for that trial date if that’s who they are or if that’s their circumstance.”

JUDGE SEE: “And really the only difference to that is whether or not a bond company is on the line that they have to pay the court for their failure to appear and they go back and they get that person and bring him to court. That’s the difference.”

COUNCILWOMAN GUIDRY: “And on a municipal charge how often does that happen?”

JUDGE SEE: “Oh, quite a bit actually. When I was in court this morning we had three of them.”

This is honest testimony based upon the honorable judge’s actual courtroom experience. It is not what Councilwoman Guidry wants to hear. It doesn’t fit her false narrative. She goes on to claim that she has “asked for the data” (regarding bondsman writing small bonds and returning their fugitives to municipal court) and claims “We have not been able to get it.”  She follows this with a whopper of a lie:

COUNCILWOMAN GUIDRY: “We’ve just been told by people who practice in the court that as a rule that bondsman won’t write small bonds.”

This is poppycock. Her false statement is immediately challenged by one of her colleagues on the City Council. Does anyone believe for even a second that a City Councilwoman who chairs the Criminal Justice Committee cannot easily obtain the number of secured and unsecured bonds posted in the City of New Orleans Municipal Court? Likewise, the number, and dollar amounts of forfeited secured bonds is a matter of public record maintained by the Clerk of the Court.

Why is it so important for Councilwoman Guidry to pretend that New Orleans bail agents won’t write small bonds? Because no rational person would suggest that it’s better to let all accused criminals out on unsecured promises to appear when the alternative is secured accountable bail that is posted to assure court appearance at no cost to the taxpayers.

“How do they get them back to court?”

“This is an insane way of doing business.”

I don’t know who made this video but it was sent to me by Guy Ruggerio. Guy is the President of the Association of Louisiana Bail Underwriters. Guy also serves with me on the board of the Professional Bail Agents of the United States (PBUS).

I like the video very much. (If anyone knows who put this together, please let me know.) Often we bail agents are accused of speaking or acting from our pocket books. It is true we have a vested financial interest in pretrial release. But we also have a front row seat and a unique perspective that allows us to evaluate different methods of pretrial release. All too often the taxpayers are sold a complete bill-of-goods, which certainly seems the case here.