Harris County criminal court judges on Friday requested an emergency stay from the Fifth U.S. Circuit Court of Appeals to halt 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 charge.
Rosenthal on Thursday denied the county's initial request for a stay, leading to Friday's filing with the appeals court.
The judge's injunction came as the result of a lawsuit filed in September 2016 alleging 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 injunction gave the county a May 15 deadline to begin releasing inmates being held on misdemeanor charges who could not post cash bail. The appeal filed Friday states that the judge's injunction would mandate the release of thousands of people on unsecured bail. The Harris County criminal court system oversees the third largest jurisdiction in the United States and processes over 50,000 misdemeanor defendants per year, according to Friday's court filing. Harris County Commissioners Court voted 4-1 on Tuesday to file the appeal.