- “This agreement marks a major step toward ending a two-tiered justice system in Oklahoma where wealth determined who stayed in jail and who walked free.” – Brandon Buskey, director of the ACLU’s Criminal Law Reform Project
By Vanguard Staff
OKLAHOMA CITY — The American Civil Liberties Union, the ACLU of Oklahoma, and Covington & Burling LLP announced Friday that they have reached a landmark settlement agreement with court leadership in Canadian County, Oklahoma, that would end the practice of jailing people solely because they cannot afford bail.
The agreement, filed as a consent decree in White v. Hesse, must be approved by U.S. District Judge Jodi W. Dishman. If approved, it would require Canadian County judges to determine a person’s ability to pay before imposing cash bail and prohibit conditioning release on bail unless a judge finds that nonfinancial conditions are inadequate to ensure a person’s return to court or to protect the public.
“This agreement marks a major step toward ending a two-tiered justice system in Oklahoma where wealth determined who stayed in jail and who walked free,” said Brandon Buskey, director of the ACLU’s Criminal Law Reform Project. “For far too long, people who are presumed innocent have been languishing in jail when they could have otherwise been safely in their communities. The procedures we have implemented are critical to building a more just and equitable pretrial system for all.”
The federal class action lawsuit was filed in 2019 on behalf of people detained pretrial in Canadian County. Plaintiffs Misty White, Janara Musgrave, and Landon Proudfit alleged that the county’s reliance on a preprinted bail schedule and practice of imposing cash bail without meaningful hearings violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment, as well as the right to counsel under the Sixth Amendment.
For years, people arrested in Canadian County were routinely held in jail for days or weeks without an individualized bail hearing. Many were detained simply because they could not pay predetermined amounts of bail, regardless of their financial circumstances or risk to public safety. The lawsuit highlighted the devastating consequences: people lost jobs, housing, and even custody of their children because of unnecessary pretrial detention.
“Spending even a few days in jail can upend a person’s entire life,” said Megan Lambert, legal director at the ACLU of Oklahoma. “People risk losing their jobs, their housing, and even custody of their children, making it more difficult to rebuild their lives upon release. Cash bail traps people in a cycle of discrimination, poverty, and incarceration. Today’s agreement interrupts that cycle to better ensure that no one is locked up simply because they cannot afford to pay for their freedom.” Source.
The consent decree includes a series of reforms aimed at ensuring bail determinations are timely, individualized, and constitutional. Under the settlement, anyone booked into the Canadian County Detention Center must receive a bail determination within 72 hours of booking, excluding extraordinary circumstances beyond the court’s control.
The decree also requires the distribution of notices to individuals upon booking that explain how bail will be set, in both English and Spanish. Arrestees must receive a financial affidavit to detail their income, expenses, and assets so that judges can make informed decisions about their ability to pay. Additionally, every person booked will be provided an application for court-appointed counsel through the Oklahoma Indigent Defense System.
Judges will be required to use a standardized bail determination order form when setting bail. The form documents the factors considered, including risk of flight and public safety, and requires judges to make specific findings when imposing a secured bond. The decree mandates that judges complete these forms in at least 95 percent of cases reviewed in quarterly compliance reports.
The agreement also modifies Canadian County’s local rules regarding the timeline for filing charges. For people detained on misdemeanor charges, prosecutors will now have five days to file charges, down from the previous 10 days, with limited exceptions for certain offenses such as negligent homicide, DUI, domestic abuse, and violations of protective orders. For those accused of non-violent felonies, the charging deadline is seven days. Violent felonies will retain the 10-day charging deadline.
These changes, attorneys say, will prevent prolonged pretrial detention without charges and ensure earlier access to judicial review.
The decree requires quarterly compliance reports to be provided to class counsel, including jail rosters, bail determination orders, custody status reports, and financial affidavits. Defense counsel will randomly select weeks from each quarter for review. If defendants fail to comply with the terms, plaintiffs may issue a notice of noncompliance, triggering a dispute resolution process. Ultimately, class counsel can return to court to seek enforcement or contempt remedies.
The settlement will remain in effect for 24 months following final approval. If plaintiffs believe the county has not substantially complied with the terms, they may move to extend the decree before it expires. Substantial compliance is defined as the absence of notices of noncompliance in the second year of the decree. If the court finds compliance has been achieved, the decree will expire and the lawsuit will be dismissed with prejudice.
Defendants, including Canadian County Chief Judge Paul Hesse and Special Judge David Halley, have not admitted liability but agreed to the settlement to avoid further litigation. The Oklahoma Attorney General’s Office represented the judges.
The agreement is part of a growing national movement to dismantle wealth-based pretrial detention systems. Across the country, civil rights advocates have challenged bail practices that keep poor people jailed while wealthier defendants accused of the same crimes go free. Courts in jurisdictions from California to Texas have struck down similar practices as unconstitutional.
In Oklahoma, where the pretrial jail population has surged over the last decade, advocates say the settlement could set a precedent for broader reform. Canadian County is now bound to a system that emphasizes individualized hearings, financial assessments, and alternatives to cash bail.
The case also underscores the human toll of wealth-based detention. In their complaint, plaintiffs described the financial devastation and emotional trauma caused by being jailed solely for inability to pay bail. The ACLU emphasized that the settlement not only remedies those past harms but also creates enforceable safeguards to prevent future violations.
For Buskey, the agreement is a signal of progress. “These procedures are critical to building a more just and equitable pretrial system,” he said. “Oklahoma has taken an important step toward ensuring that no one’s freedom depends on the size of their wallet.”
Lambert added that the impact would be felt immediately. “Today’s agreement interrupts that cycle of discrimination, poverty, and incarceration,” she said. “It better ensures that people are not locked up simply because they cannot afford their freedom.”
If approved, the settlement will mark one of the most significant bail reform agreements in Oklahoma to date. While limited to Canadian County, it could provide a model for other counties in the state and nationwide.
The federal court will retain jurisdiction to enforce the decree, monitor compliance, and resolve disputes. Once the decree is in place, Canadian County will have to demonstrate that it is consistently complying with constitutional standards in pretrial detention.
For those who have long fought against wealth-based detention in Oklahoma, the agreement represents the culmination of years of litigation and negotiation. For those currently detained, it offers the prospect of fairer treatment under the law.
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