Harris County Commissioners Court voted 4-1 on May 9 to appeal an injunction by Chief U.S. District Judge Lee Rosenthal that requires the release of inmates who cannot pay bail and are awaiting trial on misdemeanor charges.

The ruling came as the result of a lawsuit filed in September that alleges the county unfairly jails those who cannot afford to pay cash bail. The suit alleges that a “wealth-based pretrial detention system” violates the equal protection and due process clauses of the U.S. Constitution.

The suit was filed by three individuals who were charged with misdemeanors in 2016 and held in Harris County jail because they could not pay bail.

Several members of Houston-area clergy spoke at the meeting, urging commissioners to settle the lawsuit.

“Three-quarters of inmates have not been tried for or convicted of any crime except the crime of being too poor to pay their bail,” Rabbi Samuel Karff said.

County Attorney Vince Ryan told the court that implementing
Rosenthal’s order by May 15 as required would prove challenging and said the system proposed by the judge was “arguably not legal” because it would effectively give judicial authority to the sheriff.

According to the injunction, about 50,000 people are arrested on misdemeanor charges in Harris County each year. 

Rosenthal stated in the injunction that 40 percent of people arrested in Harris County under misdemeanor charges are detained until case disposition.

Precinct 1 Commissioner Rodney Ellis, who voted against the appeal, urged the commissioners to comply with the preliminary injunction.