In re Kowalczyk
The California Supreme Court held that the right to pretrial release on bail in the state constitution generally requires courts, if they deem monetary bail necessary, to set it at a level reasonably attainable for the arrestee. The court also reconciled two bail provisions, finding a subsequent amendment did not expand the exceptions under which release on bail may be denied.
Related Commentary
Fines, Fees, and Bail in State Courts
Recent state supreme court cases, including a major California ruling last week, address the burden of court-imposed financial obligations on criminal defendants.
State Court Oral Arguments to Watch for in February
Issues on the dockets include affirmative action, partisan gerrymandering, unaffordable bail, and juryless agency trials.