An advocacy group based in Washington, D.C., challenged Harris County's bail system on Thursday, arguing in a federal civil rights lawsuit that hundreds of offenders are unlawfully jailed for minor offenses like trespassing and shoplifting simply because they are poor and cannot afford even nominal bail payments.

Lawyers for the non-profit, Equal Justice Under Law, filed the suit on behalf of Maranda Lynn ODonnell, a 22-year-old single mother jailed Wednesday for driving without a valid license, and all other pretrial misdemeanor offenders held in Harris County, asking the court for class action status.

ODonnell, mother of a 4-year-old, has been held for two days only because she can't afford to post $2,500 bond, according to court documents. The suit described ODonnell as one of many poor defendants who have been "subjected to the County's unlawful and ongoing post-arrest wealth-based detention scheme."

"She is currently being held in a jail cell solely because she cannot pay what to other people is a small sum of money," the lawsuit says, noting that the U.S. Supreme Court has "repeatedly articulated the fundamental principle that no person can be kept in a jail cell solely because of her poverty."

Where lawsuits have been filed

A non-profit called Equal Justice Under Law has been challenging pretrial detention nationwide through lawsuits filed against 18 different cities and counties. That organization sued Harris County this week on behalf of several misdemeanor offenders who have been jailed because they cannot post bond.

Equal Justice Under Law has previously targeted what it calls "money bail" practices all across the United States as unconstitutional, filing lawsuits against 17 other cities and counties nationwide, including Ferguson, Mo., New Orleans and San Francisco, according to Alec Karakatsanis, one of the non-profit's attorneys.

The group has obtained federal consent decrees eliminating that practice for newly-arrested offenders in eight cases involving smaller cities, including Dodge City, Kan, and Moss Point, Miss., he said. Harris County is the largest jurisdiction to face a challenge from the group.

Harris County court officials and prosecutors have long relied on a rigid bond schedule that generally fixes the amount of bail for all defendants based on the type of offense as well as a defendant's criminal history. Bail for misdemeanors ranges from $500 to $5,000. Bail hearings in Harris County often take place via video link-ups with hearing officers. Very few defendants are freed on so-called personal bonds based on inability to pay and a promise to appear for later court dates.

In April, Harris County officials announced the launch of a $5.3 million plan, including a $2 million grant from the MacArthur Foundation, that includes a diversion court, a new county court coordinator and a new system that supposedly will make it easier for defendants to gain release without posting bail. County officials have claimed their plan will help reduce the jail population and address racial and ethnic disparities. But it's still unclear whether judges and hearing officers who set the bonds have begun to make any changes.

In an affidavit, ODonnell described how after her arrest, the hearing officer who reviewed her case, whom she described as the "TV judge," sais he found "'probable cause'" before confirming her bail would be $2,500. "I was never asked if I could afford my bail," she said, "A sheriff's deputy told me not to say anything during my hearing. It took about 60 seconds."

ODonnell added that she has a job, but lives paycheck to paycheck and stays with a friend because she can't afford rent. Court records show she has prior misdemeanor convictions.

The lawsuit seeks to prevent any person from being detained on bail without a "valid constitutional process" including an examination of a defendant's ability to post bond and findings of whether a person can actually afford to pay.

It names Sheriff Ron Hickman and five Harris County hearing officers as defendants. Hickman oversees the Harris County jail, where about 70 percent of inmates are typically pretrial detainees. Hearing officers handle the buck of the county's probable cause hearings and set bond. Hickman said he had not seen the lawsuit and declined comment late Thursday.

Robert Soard, first assistant Harris County attorney, said he had not yet reviewed the case. "But we are aware of this general issue. We have been providing guidance to the county and the district judges on this matter and we'll certainly review the lawsuit and respond appropriately," Soard said.

The county's pretrial detention practices previously have been criticized by Texas civil rights experts, Houston legislators and local researchers who say poor defendants almost always get harsher punishments than those that can afford to pay for pretrial release and that minorities are overrepresented among pretrial detainees.

Lawyers have requested an emergency hearing on behalf of ODonnell and other pretrial misdemeanor offenders. In the suit, they are seeking reforms to the bail process, rather than monetary relief. "We see this as an opportunity for Harris County to reform its practices to better reflect our community's values regarding the poor in our legal system, and to bring those practices into compliance with the Constitution," said Lexie White, a lawyer at Susman Godfrey who is leading the nonprofit's Houston legal team.

2016 05 19 ODonnellcase by Lise Olsen